5. You have an entitlement to claim work injury damages if your workplace injury was because of your employer’s negligence. This is known as a Work Injury Damages claim.
The insurer will never tell you that you have a right to sue your employer to claim work injury damages if your workplace injury was sustained because of your employer’s negligence.
The scheme is generally a ‘no fault’ scheme, where you are entitled to weekly compensation, medical expenses, and lump-sum payments. If you have sustained an injury while working, you do not need to prove negligence.
However, a part of the Act allows for damages, and you can sue your employer if they were negligent and receive modified Common Law Damages.
Damages is simply a legal term for monetary compensation. A damages claim for modified Common Law Damages is known as a Work Injury Damages claim.
To make a Work Injury Damages claim, you must establish the following:
- You must have a permanent impairment equal to or greater than 15% whole person impairment assessed by an independent doctor appointed by the Personal Injury Commission or as agreed with the insurer and;
- You must be able to demonstrate negligence on behalf of your employer or a fellow employee. Negligence is a breach of your employer’s duty to take reasonable care whilst you are in the course of your employment.
- If you can establish both, you are entitled to seek lump-sum payments in the form of work injury damages.
Work injury damages are payable as a one-off lump sum amount.
A work injury damages claim at common law is generally payable for pain and suffering, past and future medical expenses, loss of income, care and assistance, and such things.
The damages legislation has modified these work injury damages and employees can only claim past and future income loss.
This may still be a substantial amount of compensation, and most work injury damages claims are worth in the range of $200,000 – $500,000.
If you decide to proceed with a damages claim for work injury damages and are successful, you are no longer entitled to any compensation benefits. Any weekly benefits or treatment expenses you are receiving will stop. A work injury damages claim is a complete and final settlement of all your rights and what you are entitled to under the Workers Compensation Act.
A work injury damages claim must be brought within 3 years of the date of your injury.
If you believe your injury is because of your employer’s negligence. You should immediately discuss work injury damages claim with a lawyer who is An Accredited Specialist.
A work injury damages settlement is financial compensation for the injury you received due to your employer’s negligence. When you receive this payment, you will no longer receive any weekly payments.