A modified common law claim filed against the employer of the injured worker is known as a work injury damages claim, sometimes called a negligence claim. For a worker to successfully file a work injury claim, they must demonstrate that their employer was careless and that the worker’s losses and injuries were the result of that carelessness.
The phrase “damages” refers to the amount of money that may be granted as compensation for a loss, injury, or harm incurred as a result of an employer’s or another person’s negligence.
Example of Work Injury Damages
Consider John, a 40-year-old Queenslandian construction worker, who was making $1,200 net a week at the time of his injury. He was working on a construction site when he fell off a scaffolding because his employer’s safety equipment was defective. John sustained serious spinal injuries that resulted in a 20% evaluated whole-person impairment and permanent disability.
He is considered permanently unfit for his previous employment because of his injuries, which prevent him from working in his previous capacity. According to his doctors, he will need continuous medical attention, rehabilitation, and help with everyday tasks.
What is the eligibility criteria for work injury damages?
A number of requirements must be satisfied in order to file a claim for work injury damages. First and foremost, employer negligence must have caused the damage. You also need to have a permanent disability of at least 15%, as determined by a certified assessor who has been authorised by the Workers Compensation Commission. Either the Commission or the insurer must approve this evaluation.
In addition, before resolving a work accident damages claim, you must have earned all statutory lump sum benefits for permanent impairment for which you are eligible. It is significant to remember that certain claims can result in court procedures, which, unless the court grants permission, must start within three years of the date of the harm.
What kinds of damages are possible to get in a work injury lawsuit?
A claim for work injury damages may include the following damages:
(a) Any historical wage loss or economic loss determined from the date of the injury to the settlement or judgment date. In addition to any statutory benefits the plaintiff may have received from the workers compensation insurer, these damages include the recovery of all salary loss.
(b) Past superannuation stating that benefits of superannuation would not be paid to injured workers while they are on leave.
(c) Potential financial loss (loss of wages). Taking into account the injured worker’s most likely future circumstances, these damages can be assessed up to retirement age.
How are work injury claims calculated?
The following are the only things that can be claimed for work injury damages:
- Past and future loss of earnings up until retirement age, including superannuation.
- Medical costs or pain and suffering cannot be claimed.
- The prior economic loss claim takes into account the following adjustments: Weekly payments that were made by the insurer.
- Reimbursements from the settlement may be required for Centrelink or income protection benefits obtained.
- All benefits, such as weekly payments and hospital, medical, and rehabilitation costs associated with the injury, end when your work injury damages suit is settled.
- For a free consultation to learn more about the advantages and ramifications of pursuing such a claim, it is recommended that you speak with a work injury damages attorney.
