Work injury common law claims do not necessarily have to be against an employer. These claims can also bring in other third parties.
For example, if your work injury was caused by the negligence of another contractor on a construction worksite, you could bring a common law claim against the other contractor. Ultimately, the negligent party, or parties, should always be held accountable for the damages that they caused.
Common law personal injury, or common law claims psychological injury – are covered under a common law claim, and result in what are called common law damages.
An impaired person is entitled to claim common law damages for past economic loss suffered due to the loss of income. The injured worker can also claim for future loss that will be suffered owing to the incapacity and inability to earn.
An injured worker is entitled to claim for medical and rehabilitation expenses. This includes, but is not limited to:
- Expenses incurred towards medical treatment (including doctors and specialists),
- Expenses incurred towards hospital visits, stays, and services,
- Expenses incurred towards any ambulance services,
- Expenses incurred towards rehabilitation like physiotherapy
The injured worker is also entitled to claim for out-of-pocket expenses, these include:
- Expenses incurred towards aids and appliances (such as crutches, wheelchairs, etc),
- Expenses incurred towards travel to medical examinations, treatments and medications
If a person has lost their superannuation benefits due to workplace injury, they can make a common law claim for personal injury damages provided the other party is negligent.
In cases where common law damages can be pursued and you are entitled to get economic loss damages, you can claim lost superannuation as part of your damages.
Your injury case always deserves individual attention from a common law lawyer who has experience and proficiency handling these types of claims. It is best to have a lawyer by your side as soon as possible after your injury. Getting a common law personal injury lawyer involved early will dramatically increase your chances of lodging a successful claim.
If you would like to claim for work injury damages, you can do so by writing to the insurer and supplying them with the following information:
- What the injury or illness is, and any impairments that have come from this
- When the injury happened
- Any previous injury, or condition, which has caused or may have caused part of an impairment (including any related compensation)
- Previous places of employment which may have caused the injury
- The alleged negligent acts of the employer and any supporting documentation
- The economic loss being claimed as damages and any supporting documentation
A report from a permanent impairment assessor must be included in your claim.
Once the permanent impairment has been agreed by all parties, or determined by an approved medical specialist, and no further appeals have been made, the insurer has one will determine liability for your claim. From there, it can also be reviewed or disputed.
Court proceedings for work injury damages generally must begin within three years of the injury date, unless you have the court’s approval.
To claim work injury damages, the following criteria must be met:
- The work injury must be the result of employer negligence
- You must have at least a certain level of permanent impairment (as assessed by a permanent impairment assessor). This ranges from state to state, and as the complex legislation continues to change, it may be best advised to enlist the advisor of a common law personal injury lawyer
- You have received all lump sum entitlements for permanent impairment to which you are entitled. This must take place before a work injury damages claim can be settled
Some work injury damages claims may result in court proceedings and this is why it is important to have the help of a common law contract lawyer.
Your injury may have been caused by someone’s negligence, even if you do not realise it. This is crucial, because a common law claim for damages may allow you to recover significantly more compensation than what is available under a WorkCover claim alone.
Whether you are lodging a common law damages claim or a WorkCover claim, you should seek professional assistance from a good lawyer. Are you looking for a common law lawyers near me? At LHD Lawyers, our experienced team are experts in their fields and have helped thousands of Australians settle their common law claim for damages NSW, VIC, and more – and get their lives back.
Our experts will help you every step of the way to ensure you obtain the compensation entitlements you deserve for a last physical or psychological injury. Enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time after a workplace accident, at the hands of a negligent employer.
Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation.