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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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.

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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.

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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).

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