Work Injury & Negligence Claim
If the worker is injured at work where the employer is at fault or negligent while the worker incurred serious injuries, then the worker can bring work-injury damages claim against the employer. Work injury damages claim constitutes past and future loss of income and superannuation benefits in addition to the statutory entitlements.
When the injured worker resolves the work injury damages claim then all the statutory entitlement claim comes to an end including medical treatment & domestic care.
Injured worker cannot bring work injury damages claim unless the worker is assessed at 15% whole person impairment or more pursuant to Work Cover guidelines.
There are strict limitation period applies to bring such work injury damages claim. We advise that you always seek legal advice at your earliest convenient before making work injury damages claim, however, there is a general limitation period of 3 years in which to make work injury damages claim from the date of the injury.
Am I eligible for work injury damages claim beyond strict limitation period?
There are certain exceptions in which the injured worker can still make work injury damages claim even after the limitation period has had expired. We here at Sher Legal can help you provide detailed guidance and advice in relation to work injury damages claim and the exceptional rule outside the limitation period.
Do I need to be assessed at 15% WPI for psychological injury or physical injury?
Regardless of the type of injuries the worker has had sustained the injured worker’s injuries need to reach minimum threshold of 15% whole person impairment or more in order to make work injury damages claim.
