Work Injury Damages
When employer negligence causes your workplace injury, you may be entitled to significant additional compensation beyond workers compensation. We fight for your full entitlements.
Claiming Additional Damages
Work injury damages (also known as common law damages) is a separate claim that allows injured workers to seek additional compensation when their employer's negligence caused or contributed to their injury.
Unlike workers compensation, which is a no-fault scheme, work injury damages requires proving that your employer breached their duty of care. However, the compensation available is often significantly higher than workers compensation alone.
Our experienced team has a proven track record of securing substantial compensation for clients whose employers failed to provide a safe workplace.
Am I Eligible to Claim?
To bring a work injury damages claim, you must meet certain requirements
Employer Negligence
Your employer (or another party) must have been negligent in causing your injury.
Whole Person Impairment
You must have at least 15% whole person impairment (or 15% hearing loss).
Time Limits
Claims must generally be lodged within 3 years of the injury date.
Not sure if you qualify? Contact us for a free assessment of your claim.
What Can You Claim?
Work injury damages can compensate you for a wide range of losses
Past Economic Loss
Compensation for wages and income you've already lost due to your injury.
Future Economic Loss
Compensation for the income you'll lose in the future due to reduced work capacity.
Pain & Suffering
Compensation for the physical and emotional pain caused by your injury.
Medical Expenses
Coverage for past and future medical treatment costs beyond workers compensation.
Loss of Superannuation
Compensation for the superannuation contributions you've lost and will lose.
Domestic Assistance
Compensation for help you need with household tasks due to your injury.
When Employers Are Negligent
Employer negligence can take many forms. Here are some common examples of situations where you may be entitled to work injury damages:
Frequently Asked Questions
Workers compensation is a no-fault scheme that provides benefits regardless of who caused your injury. Work injury damages is a common law claim that requires proving your employer was negligent. Work injury damages can provide significantly higher compensation but has stricter eligibility requirements.
Whole Person Impairment (WPI) is a medical assessment of your permanent injury. It's assessed by an approved medical specialist using standardized guidelines. A 15% WPI is the threshold required to be eligible for work injury damages, regardless of whether the injury is physical or psychological.
Work injury damages claims in NSW have strict time limits, typically three years from the date of injury. However, it is important to note that the time limit may vary depending on the circumstances surrounding your injury. Our team will provide you with clear guidance on deadlines for your specific case.
Yes, you can receive workers compensation benefits while pursuing a work injury damages claim. However, when the injured worker resolves the work injury damages claim, all statutory entitlements come to an end including medical and domestic care. Some workers compensation benefits received may need to be repaid.
The length of time a work injury damages claim takes can vary depending on the complexity of the case and whether it proceeds to mediation or Court. In most cases, the pre-litigation and mediation process takes several months, and if the matter proceeds to Court, it can take longer. Our team is committed to resolving your claim as efficiently as possible.
To support your work injury damages claim, you will need to provide evidence including medical reports, documentation of your injury and evidence of your lost wages or future earning capacity. Our team will help you gather all the necessary evidence and ensure your claim is well prepared for Mediation or Court.
Ready to Discuss Your Case?
Get a free, no-obligation claim assessment from our expert legal team. We're here to help you understand your options.
No Win, No Fee for personal injury claims. Consultation is always free.