Patrick injured himself while on a Working Holiday Visa. His employer had sent him to work for another company. The manager there set Patrick an unsafe task...
Read moreAfter 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.
Find out if you’re eligible for work injury damages today.
While both offer assistance while you’re off work, there are some key differences:
You must meet 4 criteria to make a work injury damages claim:
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:
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.
You need to start court proceedings within either:
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.
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:
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:
There are many examples of employer negligence, including:
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:
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.
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.
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 usUse our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.