If the injuries you have suffered connected to your Workers Compensation Claim are significant enough, you may be entitled to bring a second claim against your employer in negligence. These claims are called Work Injury Damages claims (or WID negligence claims).
We will need to prove negligence on the part of your employer in order to be successful in these claims. We will need to prove that a Duty of Care was owed, that Duty of Care was breached, and you have now suffered injury, loss and damage as a result.
If there is a viable claim in negligence, you may be entitled to lump sum compensation including:
1. Past and future wage loss
2. Past and future superannuation loss
3. Tax paid in your workers compensation claim
4. Costs
The claim process can be tricky but having our experienced team on your side is your best chance at winning the claim and receiving full compensation for your injuries.
MD Law Group operate on a no win, no fee* basis.
We will assess your claim FREE of charge and guide you through the entire process.
Please reach us at info@mdlg.com.au if you cannot find an answer to your question.
If it has been determined or it has been agreed between the parties that you have achieved a whole person impairment of 15% or more, you are entitled to bring a Workplace Negligence or Work Injury Damages (WID) claim.
Workplace negligence claims, if successfully prosecuted, entitle you to lump sum compensation made up of:
The method used to calculate the potential value of your claim is by no means simple. MD Law Group will need to review your medical file and develop a better understanding of your personal situation.
When all medical and liability evidence have been obtained, a document compiling all of your evidence will be served on the respondent (usually represented by an insurer and their solicitors). The respondent has a short period (42 days) to respond with their own evidence before both parties are required to participate in a compulsory Mediation (within 28 days of receiving the respondents evidence or the expiry of the 42 day period). The matter should be at Mediation within 70 days of the claimant (i.e. the injured person) serving their evidence on the respondent.
If the parties are able to resolve the matter at Mediation, you will be paid and the matter finalises.
If the parties cannot reach an agreement, you can choose to file your matter in Court so it can be brought before a Judge.
Your lawyer will spend most of their time gathering all of the evidence required before it is served on the respondent.
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