Work Injury Damages

Overview

Between 2013 and 2014, there were over 106,000 serious compensation claims made by injured workers in Australia, according Safe Work Australia. The worst affected were labourers, making a total of more than 25,500 claims, followed by trades workers and personal service workers. Regardless of your occupation, if you get injured while at work you may be able to make a claim for work injury damages to compensate for any harm and financial loss you suffer as a result.

However, making a claim is not always a straightforward process. To ensure you understand your rights and receive the damages you're entitled to, it's important to seek advice from a legal professional. So how can you tell what you qualify for?

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

In order to make a claim for work injury damages, an individual must meet a certain criteria:

  • The worker in question must have an injury resulting in at least 15% Whole Person Impairment. This can be either by way of agreement with the Insurer or an assessment by an Approved Medical Specialist Doctor appointed by the Workers Compensation Commission.
  • Court proceedings can only start after six months have passed since the injury was reported to the employer, and must happen within three years of this occurring unless the court specifies otherwise.
  • Before a work injury damages claim can be made, the worker must have gotten all other lump sum entitlements.
  • The injury must have occurred as a result of negligence by the employer.

Was my employer negligent?

If you fulfil these requirements, it's likely that you'll be able to make a claim. However, one of the more challenging aspects of the criteria is the requirement that injuries be caused by employer negligence. Negligence can take a number of forms. For instance, the employer may have failed to provide a sufficiently safe working environment, they may not have supplied personal protective equipment, or allowed you to work in uncontrolled and unpredictable conditions. Perhaps they did not give you adequate safety training, maintain equipment properly, or just generally failed to supervise the work. In circumstances such as these, the employer can be held responsible for any injuries you receive.

Nevertheless, sometimes an incident is entirely the fault of the employer, and other times both the injured worker and the employer contributed to it. This can complicate a work injury damages claim, which is why you need an experienced lawyer to help you manage the process and ensure you get the compensation you should. Strict time limits apply to make a claims so get in touch with Marshall & Gibson Lawyers on 1800 675 417 to find out more.

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