WAS YOUR WORK INJURY CAUSED BY SOMEONE ELSE’S NEGLIGENCE?

Work Injury Damages Claims (a negligence claim against the employer)

If you have been injured at work, you may be entitled to bring a work injury damages (WID) claim. 

Eligibility

To bring a WID claim, you must:

1. Be found to have (by agreement or Commission Order) at least 15% whole person impairment; and
2. Be able to prove that your employer was negligent or at fault in causing your injury. Negligence refers to a failure to take reasonable care, resulting in harm or injury. You must demonstrate that the employer breached their duty of care and that this breach directly contributed to the injury.

Making a Claim

You only have three (3) years from the date of injury, to make a WID claim. There are possible exceptions to this time frame and it is very important to speak to an experienced lawyer who can provide you with precise advice to fit your specific circumstances.

A WID is a claim for:

1. Past economic loss;
2. Future economic loss;
3. Past loss of superannuation benefits;
4. Future loss of superannuation benefits; and
5. Legal costs and disbursements.

In NSW, WID claims are limited to a claim for past and future loss of earnings and past and future superannuation, calculated until retirement age. There are various formulas and discounts applied to such a claim as you will receive the payment in one lump sum rather than every week until retirement. 

In addition, the claim for past economic loss is adjusted to take into account the amount of weekly payments made by the insurer. Any Centrelink payments or income protection payments received by you will be repayable from the settlement of the claim.

Legal Fees: “No Win, No Fee”

I operate a fully funded “No Win, No Fee” system. In other words, unless you are successful in prosecuting your claim you will not be charged any costs and disbursements by me. You can rest assured that you will not pay any money at all during the claim. Only at the successful conclusion of your matter will you be charged legal fees.

If you were injured at work due to the negligence of your employer, contact rita@rplawyer.com.au or call 0404 09 33 74 for a no-obligation discussion and for expert legal advice.