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Work Injury Damages
All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.
NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.
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Employer negligence refers to a failure by an employer to take reasonable care to prevent injury to an employee. In the context of a work injury damages claim, negligence focuses on whether the employer failed to provide a safe system of work.
To establish employer negligence, the law generally requires four elements to be proved:
- That the employer owed the worker a duty of care.
- That the employer breached that duty of care by an act or omission that did not meet the standard of care expected of a reasonable employer in the circumstances.
- That the worker suffered injury or loss as a result of that breach.
- That the injury or loss was a foreseeable consequence of the employer’s failure to take reasonable care.
In Australia there is no dispute that an employer owes a duty of care to its employees. An employer is legally required to take reasonable steps to ensure the safety of workers while they are at work.
The law imposes on every employer a duty to provide a safe workplace. This includes providing proper and adequate systems of work, safe equipment, appropriate training and supervision, and warning employees of any unusual or unexpected risks. Where instructions or guidance are required to reduce the risk of injury, an employer must provide them. The standard of care expected of an employer is a high one.
Importantly, an employer’s duty of care is non‑delegable. This means an employer cannot avoid responsibility by passing safety obligations to another person or contractor. The employer remains legally responsible for the safety of its workers at all times.
Whilst the duty is high on an employer to take reasonable care, it is not to guarantee absolute safety. Reasonable care depends on the circumstances, including the likelihood of injury, the seriousness of potential harm, and what a reasonable employer would have done at the time. For example, an employer may not be expected to incur large expense to eliminate a risk that is very unlikely to occur. However, where a risk is foreseeable and significant, safety measures are required to be put in place.
Ultimately, a court will assess all of the circumstances and decide whether the employer failed to meet the standard of care expected of a reasonable employer, and whether that failure amounts to negligence.
Claims by workers against employers for breach of duty of care are governed in NSW by the Workers Compensation legislation. These claims are known as work injury damages claims.
A claim for work injury damages can only be made if the worker has a whole person impairment of at least 15%.
Your lawyer will arrange for whole person impairment to be properly assessed before a work injury damages claim can be pursued.
You can find more detailed information on Work Injury Damages HERE.
If you need assistance with a potential work injury damages claim or concerns about employer negligence, please contact us:
- Email us at
- Call us on (02) 8329 9500
5 Steps to make a Work Injury Damages Claim
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Step 2
Your WPI must be agreed or assessed at least 15%
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Step 3
Your lawyer will obtain the evidence needed to make the claim
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Step 4
Your lawyer will make the WID claim
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Step 5
Your lawyer will arrange for a Mediation to resolve the claim
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What Our Clients
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Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Find out more about Workers Compensation
Workplace Injury
Workplaces can be dangerous. Care must be taken by the employer to ensure as far as possible that their employees do not sustain workplace injuries whilst during their employment.People spend most of their day at work and under the direction or supervision of the boss and are at a risk of sustaining injury if care is not taken.
Complete our free case appraisal form to find out how we can help you with your claim.
IRO
The Independent Review Office (known as IRO) primary function is to help resolve workers compensation disputes and complaints quickly, fairly and justly, without the need for a lawyer.If you have a question, complaint or dispute with the workers compensation insurer, you should initially contact IRO for assistance. If IRO is unable to help you, funding can be obtained for legal costs to help you with the dispute with the insurer.
SIRA (State Insurance Regulatory Authority)
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating workers compensation, CTP insurance as a result of a motor accident, workers and home building insurance.
Workcover Claims
Since September 1 2015, WorkCover functions have been assumed by three new organisations:SafeWork NSW – NSW’s primary regulator for workplace health and safety.
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating CTP insurance as a result of a motor accident, workers compensation and home building insurance.
icare – icare (Insurance and Care NSW) offers insurance and care services in NSW.
Weekly Payments
If you have sustained an injury during your employment and are unfit for work or fit for suitable work only then you are entitled to obtain weekly payments of compensation from your employer’s workers compensation insurer.
Permanent Impairment
If you are injured during your employment and your injuries are permanent, you may be entitled to make a lump sum permanent impairment claim.A lump sum permanent impairment claim is separate to your weekly payments claim. If you are successful in your claim for lump sum compensation you will still be able to receive weekly payments of compensation and medical expenses.
Medical Expenses
If you have had an injury at work, in accordance with section 60 of the Workers Compensation Act 1987, the worker’s compensation insurer is required to pay all “reasonably necessary” medical expenses.Read the latest news in Workers Compensation
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