Work Injury Damages
DID YOU KNOW… you can sue your employer for negligence as a result of a workplace accident? If you are injured at work, you are entitled to claim workers compensation benefits. However, if your injuries were caused by your employer's negligence and your injuries are significant enough to reach 15% Whole Person Impairment, you are entitled to bring a civil claim against your employer for their negligent actions.
In order to do so, you first need to pursue a workers compensation claim and be assessed for lump sum compensation in excess of 15% Whole Person Impairment. Once you have the binding assessment against the workers compensation insurer, you can then pursue additional damages against your employers insurer.
Namely, you can claim wage loss for the rest of your life (should you be totally or partially incapacitated from work) and past and future loss of superannuation which is unable to be recovered under the workers compensation scheme. You can also claim the taxation amounts that have been deducted from any workers compensation payments made up until the date you settle against your employer.
Essentially, you have three (3) years from the date of your accident to pursue a claim for negligence or a work injury damages claim. However, it can be argued and extensions of time can be sought from the Court in the event you bring your claim outside of the three (3) year time limit. The reason being is that in order to make a work injury damages claim; you have to be assessed in excess of 15% Whole Person Impairment. In situations where the level of impairment cannot be determined in the three (3) years after the accident, for example because of extensive surgery being carried out, then the Court will, in most cases, grant you an extension of time on the basis that you were unable to make a negligence claim until you obtained a binding assessment of your impairment above 15%.
If you have a workers compensation claim or an accident at work which was caused by the negligent actions of your employer, you may be entitled to compensation. If you would like to know more about your potential rights against your employer, please click on the following link (link to work injury damages content), email us on our "Ask us a Question" feature, or call (02) 4228 8288 to speak to one of our specialist compensation lawyers.