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.

10 Reasons To Choose Us

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and 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. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.9 Star rating on Google

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

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 36 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in compensation

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Workers Compensation claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

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 training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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