|What compensation can I receive under a work injury damages claim?|
Damages are a form of monetary compensation payable as a one off lump sum.
Damages are usually payable for things such as pain and suffering, past and future medical expenses, past and future loss of income and past and future care and assistance.
The Workers Compensation Legislation however has modified the Common law of Australia and restricted an employee’s entitlement to damages by allowing payment of compensation for loss of income only.
Damages under a Work Injury Damages claim are only payable for past and future loss of income. You are not entitled to claim damages for pain and suffering, future medical treatment or future care and assistance in any claim against an employer.
If you elect to proceed with a claim for work injury damages and are successful in obtaining a lump sum amount to represent your past and future loss of income then your remaining entitlements to workers compensation cease. You are no longer entitled to claim any weekly compensation, medical expenses (past or future), domestic assistance or rehabilitation assistance. It is a full and final settlement of your rights and entitlements under the Workers Compensation Act.
The restriction on damages only applies to employers it does not apply in any claim against a non-employer.