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What is a work injury damages claim?

After a workplace injury, you’re automatically entitled to workers compensation benefits. But if your injury was caused by your employer’s negligence, you may also have a work injury damages claim.

This type of claim can offer substantial compensation, so it’s vital to have a specialist lawyer fully investigate your entitlements.

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Work injury damages vs. workers compensation

While both offer assistance while you’re off work, there are some key differences:

Workers Compensation

  • It operates on a ‘no-fault’ basis, which means you can usually receive compensation regardless of who is to blame for your injury or illness, as long as it occurred during work.
  • You receive weekly payments to cover your lost income and medical bills.
  • To keep receiving payments, you need to meet all insurer requirements and provide ongoing evidence that you're unable to work.

Work injury damages

  • You must prove that your employer was 'at fault' or acted negligently, leading to your injury or illness.
  • You receive substantial lump sum compensation to cover lost income and super, including any wages you've already lost and your future earnings.
  • After your claim is finalised, you have no further insurer requirements to fulfil.

Am I eligible to claim work injury damages?

You must meet 4 criteria to make a work injury damages claim:

  1. You were injured at (or because of) work.
  2. Your employer’s negligence caused your injury.
  3. You have 15% or more Whole Person Impairment.
  4. You have already received all your statutory lump sum entitlements.

How much compensation will I get?

Work injury damages claims often result in substantial lump sum payouts — worth hundreds of thousands (or even millions) of dollars. In NSW, depending on your age and circumstances, you could receive up to $2 million.

Your exact compensation depends on the facts of your situation, including:

  • The nature and severity of your injury.
  • How it affects your ability to work.
  • Your future work capacity and employability.

How much will my claim cost?

  • No financial risk: We cover every cost, including expert evidence, legal fees and admin. If your claim doesn't work out, you'll never receive a bill from us.
  • Fixed fees: We provide an exact breakdown of our fees before starting work on your case. No last minute surprises, no sticker shock.
  • Save on court costs: We're experts at resolving your claim through out-of-court mediation, saving you the stress and expense of going to court.
  • 30-day risk-free trial: We offer a 30-day free trial so you can evaluate our work before committing to your claim. If you cancel anytime during this period, there's absolutely nothing to pay.
Find out more about our fees

The claims process

Tell one of our team what happened. It’s likely the lawyer you speak to will see your claim through to its successful end.

We obtain and assess information and records from your doctors, employer, witnesses, co-workers and other parties.

We use our national network of medical, liability and other experts to build compelling evidence for your claim. If you need to visit our doctors, we pay for everything.

After collecting evidence to support your case, we commence legal proceedings.
The vast majority of cases (over 95%) are resolved through out-of-court mediation. During this process, your lawyer will handle all negotiations to ensure you get the best result.

In the rare instance where your case doesn’t settle, your lawyer will discuss your options with you.

We’re proud to have a 100% success rate for employer negligence claims. With our strong track record, it’s almost guaranteed you’ll get the payout you deserve.

After your matter is finalised, you should receive your lump sum within 4–6 weeks. Any current weekly payments you’re receiving will stop at this stage.

If you are still technically employed, your employer may request you formally resign from your role.

Act quickly — Time limits apply

You need to start court proceedings within either:

  • Three years of being injured, or
  • Three years from the date you realise your injury was caused by someone else’s negligence.

It’s important to note that the law around time limits is full of exceptions — so if you’re already outside the limit, it’s likely you still have a claim. Just speak to a specialist lawyer as soon as possible.

Frequently asked questions

No, unfortunately you can only claim either work injury damages or workers compensation.

A successful work injury damages claim extinguishes your entitlement to workers compensation benefits. This means you will no longer receive weekly wage-replacement payments or cover for your medical, travel and rehabilitation expenses.

However, a work injury damages claim often results in a substantial lump sum settlement — enough to cover all your expenses, pain and suffering. Unlike workers compensation, you’ll also have no ongoing insurer requirements to fulfil.

It’s important to note that the weekly payments you’ve already received may be deducted from your work injury damages settlement.

This depends on your case, including:

  • How complex it is, and
  • How long it takes for your condition to stabilise

As a general guide, following injury stabilisation, most work injury damages claims take between 6 months – 1 year to complete. Over the years, we’ve developed strategies to fast-track work injury damages claims. As a result, some claims can be finalised in as little as 4 months.

Once we know the facts of your particular case, we will be able to give you a more accurate time estimate.

It’s unlikely, given that the courts have instigated a compulsory process requiring parties to meet and negotiate before the case is given a hearing date. As a result, the vast majority of work injury damages cases settle out of court. However, if negotiation fails to produce the desired outcome, we will not hesitate to take your case to court.

In general, to make a successful work injury damages claim, you must prove that:

  • Your employer was negligent, and
  • Your employer’s negligence caused or contributed to your injury. That is, they must be ‘at fault’.

There are many examples of employer negligence, including:

  • Failure to provide protective clothing, footwear, or safety equipment.
  • Allowing the worker to perform heavy and/or repetitive lifting.
  • Wet or slippery flooring resulting in slip and fall injuries.
  • Inadequate supervision or training.
  • Bullying and harassment that causes psychological injury.
  • Psychological harm caused by exposure to traumatic situations.
  • Allowing a worker to operate unsafe equipment or machinery.

Over the years, we have built up an extensive network of experts who specialise in workplace injuries of all kinds. As a result, we have never lost a negligence case against an employer.

From a legal standpoint, suing your employer is not straight-forward, and it’s crucial to get specialist legal advice before starting your claim.

Strong legal advice and representation can completely change the outcome of your case.

A good lawyer will:

  • Determine whether you are eligible for a work injury damages claim and the amount of compensation you can claim
  • Advise you about time limits, and take immediate action where required
  • Find your additional entitlements, including any Total and Permanent Disability, Income Protection, or third-party negligence claims
  • Challenge medical and other evidence provided by the insurer
  • Advise you on the right strategy to progress your claim, especially when the insurer is not offering you a fair settlement
  • Maximise your final compensation payout

Engaging a lawyer saves you time and effort. With our No Win No Fee Guarantee, your claim is also risk-free — there’s no upfront fees, and you pay nothing until we win your case.

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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Jamie and her team at Monaco made my tough claim easier to handle.

My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

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Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

Google Posted by Grant Towell
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Highly recommended! I am very happy with the result.

I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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I was very happy with the outcome.

I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

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Leon Monaco & team member

Why choose Monaco

With a 100% success rate in workplace negligence claims, we’ll get the compensation you deserve. Our lawyers use proven legal strategies and a national network of experts to build a compelling, evidence-based claim.

Voted ‘Compensation Law Firm of the Year in Australia 2020’, we have the expertise to uncover your additional claims, including Total and Permanent Disability, income support and other negligence-based claims. Often, these are worth significantly more than your work injury damages claim alone.

The result is comprehensive legal advice about where you stand and how to get maximum compensation for your injuries.

Learn more about us

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Millions won for our clients

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$900,000

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Joel was found unconscious and badly injured while on a work trip. He had several cervical spine fractures and a traumatic brain injury. Joel could not remember...

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We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
8,967
CLAIMS WON
$650m
COMPENSATION PAYOUTS

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