Unlike a claim for statutory workers’ compensation, proceedings for work injury damages require a claimant to show that their injury or illness has occurred because of the negligence of their employer.
If you think your injury has been occasioned by the negligence of your employer, it is important to seek legal advice about which is the most appropriate way to recover compensation for your injury. You must meet certain conditions to be eligible to bring a work injury damages claim, most importantly:
- Your injury or illness must be the result of your employer’s negligence
- Your injury or illness must be assessed to be at least 15% permanent impairment
- You must have already received all statutory lump sum entitlements for permanent impairment to which you are entitled.
Although in some circumstances, work injury damages may result in greater compensation than a statutory workers’ compensation claim, work injury damages generally only include compensation for past loss of earnings and loss of future earning capacity (unlike a workers’ compensation claim which may include compensation to cover medical expenses, non-economic loss and money expended to support your return to work). Further, receiving work injury damages will extinguish entitlements to workers’ compensation benefits in the future and may require you to repay any benefits already received.
It is important to get advice as soon as possible after your injury or the onset of illness. This is because there time limitations on when claims can be brought.
Segelov Taylor Lawyers are experts in employment and industrial law. If you have been injured at work we can provide timely, cost-effective advice about how to proceed in receiving the compensation and support you are entitled to.