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Work Injury Damages’ Claims?

A Work Injury Damages Claim is a common law claim for damages against an employer.  A Work Injury Damages claim is different to a claim for workers compensation.

Work Injury Damages are modified common law damages where an injured worker may be compensated with a one off lump sum payment for past and future loss of wages.

Am I entitled to make a claim for work injury damages?

To make a claim for Work Injury Damages, an injured worker must establish:

  • Their injury was the result of negligence on the part of their employer, and
  • That they have at least a 15% Whole Person Impairement (WPI), and
  • Court proceedings can only be started at least six months after the injury is reported to the employer and no more than three years after the date on which the injury was received, except with the leave of the Court, and
  • A worker must have received all statutory lump sum entitlements for permanent impairment to which they are entitled before a Work Injury Damages’ claim can be finalised.

Will settlement of a work injury damages claim affect my entitlement to workers compensation?

Yes.  Workers compensation claims are claims pursuant to the relevant legislation for payment of medical expenses, weekly benefits, lump sum compensation for permanent impairment and so on.

Successful resolution of a claim for Work Injury Damages will bring to an end an injured worker’s entitlement to all workers’ compensation benefits for the injuries subject of the claim.