WORKPLACE NEGLIGENCE

In New South Wales, individuals who suffer workplace injuries may be eligible for compensation through the workers’ compensation system. However, if your injury was caused by your employer’s negligence, you might also be entitled to additional compensation through a work injury damages claim. Work injury damages claims provide a way for injured workers to seek compensation for economic loss beyond the statutory workers’ compensation benefits. In this article, we’ll break down the basics of work injury damages claims, the eligibility criteria, and how MD Law Group can support you through the process.

What is a Work Injury Damages Claim?

A work injury damages claim allows injured workers to seek compensation for past and future economic loss if they can prove that their employer’s negligence caused or contributed to their injury. Unlike regular workers’ compensation benefits, which cover medical expenses and limited weekly payments, a work injury damages claim specifically provides a lump sum payment for lost income, including both past and future wages and superannuation.

A successful work injury damages claim can only be made if:

• The injury is severe, with at least a 15% permanent impairment.
• The injury resulted from employer negligence, meaning they failed to provide a safe work environment, adequate training, or proper safety equipment.

Key Differences Between Workers’ Compensation and Work Injury Damages Claims

Workers’ compensation and work injury damages claims differ in important ways:

• Workers’ Compensation Benefits: These are available to all workers who suffer injuries at work, regardless of fault. Benefits include medical treatment costs, weekly wage compensation, and some rehabilitation services.
• Work Injury Damages Claims: These claims are fault-based and require proof of employer negligence. They provide compensation only for lost income (past and future wage and superannuation loss) and not for medical expenses or pain and suffering. Additionally, if you accept a work injury damages settlement, you must relinquish your right to receive further workers’ compensation benefits.

Eligibility Criteria for a Work Injury Damages Claim

To pursue a work injury damages claim in NSW, you must meet the following eligibility criteria:

1. 15% Permanent Impairment: You must have a minimum of 15% whole person impairment, assessed by an accredited medical practitioner. This assessment considers the long-term impact of your injury on your overall physical or psychological function.

2. Employer Negligence: You must be able to demonstrate that your employer’s negligence caused or contributed to your injury. Common examples of employer negligence include:

• Failure to provide proper safety training or equipment
• Failure to maintain a safe working environment
• Ignoring known hazards or unsafe practices
• Failing to follow workplace health and safety regulations
• 
  

3. Current Workers’ Compensation Claim: Before you can file a work injury damages claim, you must already be receiving workers’ compensation benefits for your injury. This process typically involves several assessments and paperwork, which MD Law Group can help you navigate.

The Process of Making a Work Injury Damages Claim

The process of making a work injury damages claim can be complex and may require a significant amount of evidence and documentation. Here’s an overview of the typical steps:

1. Seek Medical Assessment: An accredited medical practitioner will assess your level of impairment to confirm it meets or exceeds the 15% threshold required for eligibility. This assessment considers physical injuries and psychological conditions. This is usually done as part of your existing workers compensation claim. 
2. Gather Evidence of Negligence: Proving employer negligence is crucial. This might involve collecting safety records, witness statements, photographs, incident reports, and other documentation to support your claim.
3. Issue a Notice of your Claim on your employer and their insurer: Once you have evidence of negligence and a permanent impairment assessment, your lawyer will help you complete and submit a work injury damages claim . This form outlines the nature of your injury, evidence of employer negligence, and the damages being sought.
4. Negotiate with the Insurer: Parties to a work injury damages claim must participate in a mediation. Work injury damages claims are typically settled through mediation with the employer’s insurer. Your lawyer will negotiate on your behalf to reach a fair settlement, factoring in both your past economic loss and estimated future loss of income.
5. Proceed to Court (if necessary): If mediation does not result in a satisfactory settlement, we may proceed to court. In this case, we will represent you, present evidence of negligence, and argue for the full compensation you are entitled to.
6. Acceptance and Finalisation: If you accept a work injury damages settlement, this effectively ends your workers’ compensation benefits, except for reasonable medical expenses. It’s essential to understand the full implications before agreeing, which MD Law Group can help you evaluate.

Types of Compensation Available in a Work Injury Damages Claim

Work injury damages claims focus specifically on economic loss. This includes:

• Past Economic Loss: Compensation for income (wages and superannuation) you lost from the time of your injury until the present.
• Future Economic Loss: Compensation for income (wages and superannuation) you are projected to lose in the future due to your inability to work or return to your previous earning capacity.
• Fox v Wood: the tax paid in your workers compensation claim can be recovered.
• Costs: the insurer will pay a significant portion of your legal costs. 

Unlike other types of claims, work injury damages claims do not cover non-economic damages like pain and suffering or compensation for medical expenses. These aspects are generally covered by the workers’ compensation system.

How MD Law Group Can Assist You with a Work Injury Damages Claim

At MD Law Group, we understand the challenges of navigating work injury damages claims and are committed to supporting injured workers throughout the entire process. Here’s how our experienced legal team can assist:

1. Free Initial Consultation: We offer a free, no-obligation consultation to evaluate your claim, explain your options, and discuss the eligibility criteria for a work injury damages claim.
2. Securing a Permanent Impairment Assessment: Our team can help arrange an assessment with a qualified medical professional who can provide a thorough evaluation of your impairment and your potential future losses.
3. Building a Strong Case for Employer Negligence: Proving negligence is the cornerstone of any work injury damages claim. We work with you to gather relevant documentation, including witness statements, incident reports, and workplace safety records. This thorough approach ensures that your claim has a solid foundation.
4. Negotiating with Insurers for Fair Compensation: Insurers may attempt to settle claims for less than their full value. Our lawyers are skilled negotiators who understand the tactics insurers use and will advocate for a settlement that reflects the full extent of your lost income.
5. Representing You in Court: If negotiations do not result in a satisfactory settlement, we are prepared to take your case to court. We will represent your interests, present compelling evidence, and argue for the maximum compensation you are entitled to receive.
6. Providing Guidance and Support: Pursuing a work injury damages claim can be a long and challenging process. Our team is here to answer your questions, explain each step, and provide the guidance you need so you can focus on your recovery.

A work injury damages claim provides a pathway to additional compensation for workers whose injuries are the result of employer negligence. However, the process of proving negligence, securing an impairment assessment, and navigating insurer negotiations can be complex. At MD Law Group, we have the expertise to guide you through every step, from initial assessment to settlement.

If you or a loved one has suffered a workplace injury and believe employer negligence was involved, contact MD Law Group today. Our dedicated team will work tirelessly to build your case, negotiate with insurers, and secure the compensation you deserve to support your recovery and future stability.