Work Injury Damages Claims

If you have been injured at work, you may be able to make a work injury damages (WID) claim, provided you meet certain requirements.

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Don’t just take our word for it See what our clients say

They went above and beyond to understand and accommodate my difficult situation

I have had a workplace injury and the Insurance company refused to do surgery for 2+ years. Having hit rock bottom and not knowing what to do next, I called Monaco for some advice and they took me on board and helped explain my options. Being the industry I’m in and a very niche job title, I can say they went above and beyond to understand and accommodate my difficult situation. I am now getting my surgery because of their fantastic efforts to understand an absolute mess that WorkCover created.

XPSuedoX

I would recommend Monaco Solicitors to anyone needing help

I am so happy with the outcome of my case. Monaco Solicitors were very professional and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up-to-date progress on my claim. I would recommend Monaco Solicitors to anyone needing help. All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable time frame. I can’t thank them enough.

Kharli Green

Put your trust in the team at Monaco, they won't let you down

Monaco Solicitors helped me get the best outcome financially for my future after work place injuries left me unable to return to work. Ben, Daniella and team were always professional and helpful throughout the whole process, as stressful as it was for me they always gave me peace of mind by keeping in contact with me regularly on the progress of my claims and thoroughly explained the whole process to me along the way. As overwhelming as it can be I’m extremely happy I trusted the team at Monaco to deal with and handle my case, they actually showed genuine care on the hardest days for me by calling and emailing to check in on me… and that really means a lot. I highly recommend to anyone else in a similar position to put your trust in the team at Monaco, they won’t let you down.

Adam Russo

They are the best in the industry - experts in what they do and empathetic towards their clients

I would recommend Monaco Solicitors to anyone looking for an outstanding compensation law firm. They are the best in the industry – experts in what they do and empathetic towards their clients, making them feel heard and supported. Can’t thank Monaco enough for their help, I can now have my life back on track.

Anna Davis

I couldn't be more satisfied with their performance

Monaco Solicitors have been representing me in my Workers Compensation case for about 5 years now and I couldn’t be more satisfied with their performance.  This has been by far the most stressful and destructive time I’ve ever experienced. Between the egregious insurance companies, which are protected by existing laws making it practically impossible to ensure they consistently act ethically, and their roster of paid specialists and doctors is a testament to how skewed this sector is.

I’m alone and with my health issues wouldn’t have been able to defend myself, especially when my incident initially happened. I am so thankful for the years of effort the team at Monaco have put in. They have been considerate, thorough, and professional even at the most trying times.

historypeats

The girls that managed my case were top of the line

The girls that managed my case were top of the line, went far and beyond all the time to help, they got me excellent results in settlement. I wouldn’t look past these guys, they are the best. Massive thanks to Kelly, Jo and everyone else that managed my case.

Joshua Duck

Extremely professional yet make you feel part of the family

I can highly recommend Monaco Compensation Lawyers for all your compensation needs. From the moment of the first phone call they made me feel completely comfortable know they were in charge and not once was I worried that things weren’t being taken care of.

They all are extremely professional yet make you feel part of the family.

David Geremia

if it can be done I can honestly say I believe that Monaco Solicitors will get it done

I called and gave them the details. They assessed my claim quickly, then with and a little help from my doctor my claim was processed. It took several months but I had no need to worry as they informed me what was going every step of the way. These things always take time so be patient, and if it can be done I can honestly say I believe that Monaco Solicitors will get it done.

Rowan Wales

They treated my wife and I with such care and won us the compensation we needed

Great team would highly recommend. They did so much work for us and their personal approach was amazing. They treated my wife and I with such care and won us the compensation we needed to get our life back on track. They really care about what they do and their clients.

If you want a personal approach and not just another client approach I have to say they will look after you.

Martin Glennan

I was grateful to have come across Monaco when I did

I was grateful to have come across Monaco when I did. I worked with Kelly Keane and Jo Gardiner who were both brilliant and very responsive to my many queries and questions. They were also very kind and caring towards me at a time when I really needed it. Kelly is very experienced and I benefited from her expertise. She was open and honest with me about the process, never sugar coated anything and the expectations she set turned out to be incredibly accurate. I am thankful to have this process over with and will forever be grateful to have had a great team with me through it.

Jen L
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4.9
Based on 172 Reviews

Common Questions

What is a work injury damages (WID) claim?

A work injury damages (WID) claim is a clam in negligence against your employer for failing to take reasonable care for your safety.

If you have sustained a workplace injury as a result of your employer’s negligence, you may be entitled to compensation for the loss, harm, or injury suffered.

It is important to know that you can only claim work injury damages if you are assessed at least 15% Whole Person Impairment, and you have already received all statutory lump sum entitlements under the workers’ compensation scheme.

At MCL we have a team dealing exclusively with WID claims. For a free consultation, call us on 1300 769 665.

What are the benefits of a WID claim?

  • After suffering a work-related injury, you are entitled to receive workers’ compensation benefits, however, there are some limitations. Your benefits are restricted to weekly payments, medical expenses, and a one-off lump sum payment that usually ranges from $20,000 to $30,000. Understandably, this does not provide adequate compensation for the severity of injury you may have suffered.
  • Workers’ compensation benefits are paid by the insurer on an ongoing basis. However, you are only eligible to receive these benefits if you can demonstrate that you have lost capacity to work. Compliance with requirements usually involves regular visits to your treating doctors, rehabilitation consultants and doctors employed by the insurer. It is an ongoing process which most people find a burden.
  • Unless your injuries are extreme, your workers’ compensation benefits will cease after 5 years. In some circumstances, your benefits may be suspended by the insurer much earlier.
  • As part of your WID claim you may recover substantial damages, which are not available under WorkCover scheme. WID claim typically includes compensation for lost work capacity, past and future loss of income and loss of superannuation entitlements. In most cases an injured worker can expect to obtain fair and just compensation from the insurance company as part of his or her WID claim.

If you’d like to find out more about pursuing a WID claim, please call us on 1300 769 665 for a free consultation with one of our expert lawyers.

Do I have a claim?

If you have sustained a work-related injury which resulted from your employer’s negligence, you may be entitled to common law damages.

You must demonstrate that as a result of the injury, you have suffered an incapacity, restricting your ability to earn at the same rate had you not been injured.

Furthermore, you must have received all of your lump sum benefits for permanent impairment to which you are entitled.

It is important to note that you have three years from the date of your injury to pursue a claim for negligence or a work injury damages claim. In some circumstances, the Court may allow for time extensions provided that there is a reasonable excuse for the delay.

To find out more about the requirements needed to pursue a WID claim, contact one of our expert lawyers for a free consultation on 1300 769 665.

How will a work injury damages claim affect my entitlements to workers compensation?

The settlement of a work injury damages claim extinguishes all entitlements to workers compensation benefits. This means that you will no longer be entitled to weekly payments, medical expenses, travelling expenses, and rehabilitation expenses.

It is important to note that the amount of damages payable may be reduced if the worker’s own negligence contributed to the injury.

Furthermore, the amount of weekly payments that has already been paid to the worker by the insurer may have to be repaid out of the settlement amount.

Can I get free advice over the phone?

At MCL, our lawyers are committed to providing you with free initial advice over the phone.

If you would like to know more about your potential rights against your employer, please call us on 1300 769 665 to speak to one of our specialist compensation lawyers.

What else can I claim? Total and Permanent Disability (TPD)

Many superannuation insurance policies provide cover if you are totally and permanently disabled.

Payments under these policies will usually be in the form of a lump sum and are provided on top of any other claims, such as a claim for compensation.

In addition, you may be able to make a claim under a personal insurance policy. For example, you may be able to claim compensation if you have life insurance, income protection insurance, or sickness and accident insurance.

At MCL, we have a team of lawyers who specialise in superannuation, TPD and life insurance claims. They have the skills to determine whether you are covered under these policies, and if you are, the experience to pursue your rights with the insurance companies who are not always ready to pay in the first instance.

If you’d like to find out more about making a superannuation or TPD claim, then please call us on 1300 769 665 for a free consultation.

 

Why choose MCL to handle my work injury damages claim?

MCL is one of Australia’s leading compensation law firms.

At MCL, our legal teams are led by a Law Society Accredited Specialist. This means that your claim will be handled by the most experienced lawyers in the business, who will provide you with expert advice in a language that you can understand.

We provide a ‘No Win No Fee’ guarantee to all our clients. This means that you only pay us for our work after the successful resolution of your claim.

If you would like a free initial consultation with a lawyer who is an expert in work injury damages claims, call us now on 1300 769 665.

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98% Success Rate

We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim; the result is you get maximum compensation that the law permits.

Why choose our team of Work Injury Lawyers?

Recognised as one of Australia’s best Work Injury legal teams, for over 20 years we have helped thousands of people all over Australia make successful claims against their employer.

Almost any lawyer can help you through the process of making a basic workers compensation claim. But not every lawyer is able to identify a Work Injury Damages claim. Countless clients have come to us from other firms, having been told they didn’t have a case.

Harder to identify, more difficult to prepare, Work Injury Damages claims are often overlooked by other lawyers. But they are worth significantly more than a basic workers compensation claim.

When you put our experience and skill in your corner, your chances of success get much, much greater.

Contact a Lawyer Now

No Win No Fee Guarantee

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. And unlike other firms, if we’re not successful, you don’t even reimburse us for the expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person without any obligation to hire us. How does it work? Simply call us at 1300 769 665 and one of our lawyers will provide you with clear and comprehensive advice about your claim. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

Maximum compensation

Secure your future - don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the experience and expertise to ensure nothing is left to chance when preparing your claim. The result – maximum compensation recovered in every case.

4.9 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.

We are specialists in Work Injury Damages

Our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Work Injury claims, headed up by Law Society Accredited Specialists. So, no matter how complex your claim, we have the expertise to handle it successfully.

Leaders in our field

For over 20 years we have worked tirelessly to be the best in the industry. In 2020, we were awarded Australian Compensation Law Firm of the Year (GL Expert Awards) and Personal Injury Law Firm of the Year (ACQ 5 Global Awards).

Millions won for our clients

Here are some examples of our firm’s recent wins

$900,000

Patrick slips at work and lodges a claim as a Working Holiday Visa holder

Originally from the UK, Patrick sustained a significant back injury when he was sent by his employer to work on another company’s building site. The site manager set Patrick a manual task which was unsafe given the wet weather conditions. However, he performed the task and subsequently slipped, injuring his back.

First, we consulted with a leading expert on work safety who provided us with a detailed report that proved Patrick’s employers had breached several key work guidelines. We then secured further evidence that detailed Patrick’s losses. This was enough for our lawyers to file a Common Law claim against our client’s employer. In addition to this claim, we also began court proceedings against the company in charge of the site where Patrick was instructed to complete unsafe tasks. During the proceedings, our client returned to the UK when his compensation benefits had stopped. In spite of this, we were still able to successfully achieve a settlement for Patrick that was close to $900,000.

$680,000

Joshua suffers one serious work injury and wins two compensation claims

Joshua was a contractor working for Labour Hire Inc called out to a job with Company HQ. On his first day, he was instructed to lift two heavy boxes of glass panels across the shop floor. Company HQ’s supervisor gave Joshua a tight deadline to complete this task. As a result, he suffered a serious lower back injury but physiotherapy and other treatments didn’t alleviate his pain so Joshua required a spinal fusion. His injuries continued to hinder a full recovery and he was unable to return to work. Joshua required ongoing care and assistance from his family.

When Joshua came to see us, our lawyers identified that he had two potential claims – one against Labour Hire Inc and the second against Company HQ. This was very significant because each of the two cases fell under different laws which meant that Joshua could claim substantial additional compensation. Our lawyers had to prepare, file and run two cases concurrently. The level of complexity was a challenge, but the results were worth it. We engaged an engineer experienced in Safety Management and Ergonomics to assess Joshua’s claims. Our expert confirmed that both companies (Labour Hire Inc and Company HQ) had been negligent by not implementing a safe system of work and risk assessment for Joshua. Eventually, Joshua was awarded $680,000 in damages as a result of these two claims.

$605,000

Brett had a sense that his lawyers weren’t doing enough with his claim

Brett was pinned between a forklift and a steel skip at work and sustained severe knee injuries. Brett began experiencing severe knee pain and swelling so he was placed on light duties at work. Over the next few years, his knee condition deteriorated and Brett had to undergo several surgeries and physiotherapy treatments. His ongoing disabilities severely impacted his ability to work and help care for his young children.

Brett came to us because he was dissatisfied with his previous solicitors who had failed to progress his case. After reviewing the file, our lawyers noticed that Brett’s former legal team had grossly underestimated the size of his claim. We then carefully prepared Brett’s case by including additional medical reports from our independent medical experts. We also obtained a comprehensive report that confirmed all the breaches of work safety guidelines and regulations that Brett’s employer was responsible for. Following careful preparation, we filed court proceedings in the Supreme Court. We were able to successfully resolve Brett’s claim during mediation and secure him a settlement of $605,000.

$575,000

Firefighter sustains serious neck and back injuries during a fire

John was called out to a carport fire. When he arrived, his supervisor instructed him to manoeuvre a heavy solid metal bar. John was wearing bulky breathing apparatus at the time and, although hydraulic lifting equipment was available on-site, his supervisor ordered John to take the full weight. As a result, when he moved the bar, our client heard a ‘pop’ sound and immediately felt excruciating pain in his neck, back and legs. Soon after, John had major surgery which didn’t improve his condition and he had to use a walking stick and scooter for mobility. He didn’t return to work.

Our lawyers engaged leading medical specialists to assess John’s injuries before progressing the claim through the Workers Compensation Commission. The Commission’s medical panel agreed with our assessment of John’s disability. This enabled us to secure substantial compensation for his injuries, pain and suffering. Next, we had to prepare John’s Common Law claim in negligence against his employer. We engaged an expert in Safety Management and Ergonomics. This assessment proved John’s employer had been negligent by failing to provide appropriate equipment and ordering him to perform unsafe tasks. This expert also identified breaches of the Occupational Health and Safety Act. By securing John’s case with this comprehensive evidence, we were able to swiftly reach a negotiated agreement with his employer during mediation. With our lawyer’s consistent guidance and support, John was eventually awarded a sum of $575,000.

$550,000

Ryan is injured on the job, isn’t eligible to claim, we resolve his issue for a win

Ryan slipped while carrying a door frame down a dangerous incline into a carpark. He suffered severe injuries to his lower back and right knee and required several surgeries which made him permanently unable to work again. Ryan had persistent disabilities that affected his quality of life and created a need for ongoing care. Unfortunately, due to a pre-existing knee injury, Ryan didn’t make the 15% threshold that would entitle him to sue his employer for negligence.

When he came to us, our lawyers immediately saw that, while Ryan wasn’t able to sue his employer, he was still eligible to claim against the occupier of the site where his injury occurred. We engaged an expert liability witness who specialised in Safety Management and Ergonomics. Our expert provided a detailed report that confirmed Ryan’s employer had failed to provide him with the right equipment and assistance to perform his tasks risk-free. We also instructed a rehabilitation consultant to report on Ryan’s ongoing medical, personal and domestic needs. This specialised report added significant value to Ryan’s claim. Having carefully prepared his case, we then took it to mediation where we successfully finalised a settlement for $550,000.

$525,000

Andrew’s claim was lodged past the 3-year claim deadline - and he still won

Working in aged care, Andrew sustained serious injuries to his spine and left shoulder when an elderly patient he was assisting fell on him due to a faulty walking frame. His injuries required at least four spinal and shoulder surgeries, multiple injections and several other procedures. Andrew was left with a permanent incapacity to work and a reduced quality of life.

By the time Andrew came to us, his claim was outside the time frame for making a Common Law negligence claim against his employer (three year limit). This timing made Andrew’s claim more difficult and created a very real obstacle to securing compensation for him. We were undeterred and accepted his case. Our lawyers prepared a detailed Affidavit addressing the reasons why Andrew was delayed in lodging his claim. We then sought an opinion from a leading expert in Safety Management and Ergonomics which proved Andrew’s employer had been negligent. They hadn’t provided the adequate equipment for Andrew to perform his workplace tasks. The expert also identified several breaches of the Occupational Health and Safety Act 2000. Our diligent approach resulted in a successful resolution of Andrew’s claim and he was awarded $525,000 in compensation.

$450,000

James had a serious work fall, didn’t meet minimum claim threshold and still wins

Working as a carpenter on a building site, James was standing on faulty scaffolding that lacked the appropriate flooring and safety panels. As a result, James fell through the joists and suffered a spinal injury. He attempted to return to work but the pain and discomfort were severe. Unfortunately, James’ injuries hadn’t met the required 15% threshold which meant that he was unable to pursue a Common Law negligence claim against his employer.

When he came to see us, our lawyers identified that an outside company (not James’ employer) was responsible for maintaining the scaffolding. This fact made it possible for our client to sue this company for negligence. We qualified a leading engineer who was an expert in assessing the safety requirements of constructing and maintaining scaffolding. Our expert reported that James’ employer had failed in their duty of care listing 10 preventative measures that could have been taken to avoid injury. We then had James assessed by medical experts, which allowed us to document the extent of his injuries and his losses. So even though James was unable to make a claim against his employer, our lawyers still found a way to achieve a successful outcome for him. Eventually, James was awarded $450,000.

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