Work injuries can be devastating, impacting not only your health but also your livelihood and may give rises to a work injury damages claim. If you’ve been injured at work due to your employer’s negligence, you may be entitled to make a work injury damages claim under the Workers Compensation Act 1987 (NSW).

A damages claim is a legal action against your employer for breaching their duty of care. Every employer in New South Wales has a duty of care to provide a safe and healthy work environment for their employees. If your employer failed to do so, and you suffered an injury as a result, they may be liable for negligence. This includes both physical injuries and/or psychological injuries.

15% Whole Person Impairment (WPI) Threshold

To make a work injury damages claim in New South Wales, you need to meet certain criteria. You must have a whole person impairment (WPI) of 15% or more in respect of the work injury. If there is disagreement on this threshold, it can be resolved through the Personal Injury Commission (PIC) by referral to a medical assessor (MA) for a binding impairment assessment.

What is Negligence?

Negligence is the failure to exercise reasonable care and skill in a given situation. It is a key element in a work injury damages claim. To prove negligence, you need to show that your employer owed you a duty of care, that they breached that duty, and that their breach caused your injury and loss.

Is my employer directly involved settling the work injury damages claim?

iCare (Workcover) insurers play a crucial role in the work injury damages process. The insurer provide insurance that covers employers for the cost of benefits and damages paid to injured workers. The insurers are responsible for managing workers compensation claims on behalf of the employer and iCare, including work injury damages claims. The insurers and insurance lawyers represent the employer’s interest and as a result the employer does not play a major role in resolving the claims.

Process of a work injury damages claim.

Navigating a work injury damages claim can be complex and lengthy. You will need to gather evidence, negotiate with the Workcover insurer, and possibly go to court if your claim is disputed. That’s why it’s important to seek the advice and representation of experienced personal injury lawyers who specialise in workers compensation claims and work injury damages claims.

Grieve Watson Kelly personal injury lawyers can help you understand your rights and options, prepare and lodge your claim, and resolve it for the best possible outcome for your case. We can handle all the legal aspects of your claim, such as obtaining and reviewing your medical records and reports, arranging for independent medical examinations and expert opinions, calculating your past and future economic losses, communicating and negotiating with the Workcover insurer and their lawyers, preparing and filing court documents and evidence, and representing you at mediation and trial.

If you have been injured at work and think you may have a work injury damages claim, contact a Grieve Watson Kelly lawyer for advice on work injury damages claims today.

Disclaimer: This post provides general information based on NSW sources and laws and does not constitute legal advice. We recommend you consult with a lawyer to obtain legal advice for your individual circumstances.