Expert Work Injury Damages Lawyers
At Law Advice, compensation law is all we do. We have experts in work injury damages claims that are Accredited as Specialists in Personal Injury Law by the Law Society of NSW.
Work Injury Damages Claims
There are thresholds that must be met to make a work injury damages claim, however the most important are:
Your injury must be the result of the employer’s negligence; and
Your injury must be assessed at fifteen percent (15%) whole person impairment or greater.
Our expert lawyers will gather the best liability and medical evidence in your claim regarding the above thresholds.
Work Injury Damages Claim - Example
A typical example of a Work Injury Damages claim is as follows. Assume you were 35 years of age, were working full time at the date of injury and were earning $850 net per week (roughly average weekly earnings). You sustained an injury at work which rendered you either completely unfit to work or almost completely unfit for work (which is assessed at 15% whole person impairment or higher). If you can establish that your employer was negligent in causing your injuries and incapacity for work, then you should be awarded by the courts somewhere in the vicinity of $600,000 - $850,000 as compensation for your past and future wage loss and past and future superannuation loss (clear of workers compensation wage payments to date).
It's important to know that a lump sum work injury damages settlement finalises all entitlements to workers compensation benefits.
No Win No Fee Guarantee
If you don't win your case, you do not pay us any legal fees. It’s that simple.
The above information is general information only. For a free consultation and specific advice regarding your claim from one of our experts please contact us on Free Call 1800 122 555 or complete our Free Advice Form.
Work Injury Damage Compensation Claims FAQs
Can’t find an answer that you’re looking for? Contact us, we’re more than happy to help with your work injury damage compensation claim.
What are work injury damages in NSW?
Work injury damages are a form of compensation that may be available to workers in New South Wales who have suffered a work-related injury caused by their employer’s negligence. Unlike standard workers compensation benefits, a work injury damages claim can include lump sum compensation for past and future economic loss, such as lost wages and reduced earning capacity.
Can I claim work injury damages in NSW?
You may be able to make a work injury damages claim in NSW if you can prove your employer was negligent and their negligence caused or contributed to your injury. Generally, you must meet the required impairment thresholds which are different for physical and psychiatric injuries. As eligibility requirements are strict, it is important to have your circumstances assessed carefully. Our lawyers can help you understand whether you may be eligible to make a work injury damages claim and guide you through the process.
Can I sue my employer for a workplace injury?
In New South Wales, you may be able to make a work injury damages claim against your employer if their negligence caused or contributed to your workplace injury. These claims are made under the workers compensation system and usually proceed through the Personal Injury Commission (PIC). Evidence is usually required that the employer breached their duty of care, which may involve issues such as unsafe systems of work, inadequate training, faulty equipment, poor supervision, or other negligent actions.
What is the difference between workers compensation and work injury damages?
Workers compensation provides benefits such as weekly payments, medical expenses, and treatment support for a work-related injury. Work injury damages are different because they require proof that an employer’s negligence caused or contributed to the injury and may provide a lump sum payment for past and future loss of earning capacity. Once a work injury damages claim is finalised, your workers compensation rights for that injury generally end.
How long do I have to make a work injury damages claim?
Strict time limits apply to work injury damages claims in NSW. Proceedings must legally begin within 3 years of the injury date. The court may grant an extension (leave) if there is a satisfactory explanation for the delay, but this is not guaranteed. Workplace injury claims can involve additional requirements and timeframes, so it is important to seek advice early to protect your rights.
What happens after a work injury damages claim settles?
Once a work injury damages claim settles, the settlement lump sum amount is paid to you and the claim is finalised. In most cases, accepting a settlement means you give up the right to pursue further compensation for that injury in the future. The impact on any ongoing workers compensation benefits should be considered before finalising a settlement.