Everyone has the right to work in safety. In fact, your employer has a legal obligation to ensure your safety while at work. But sometimes things go wrong. If you have an accident at work due to your employer’s negligence, you may be able to make a claim for compensation.
When can you claim?
Claims for work injuries need to demonstrate financial loss. The amount awarded can include past, present and future loss. However, the key to making a successful claim is the ability to demonstrate the harm caused by the injury.
In NSW, a worker must demonstrate they have suffered a minimum 15% whole person impairment. That’s why it’s important to obtain expert legal advice as quickly as possible. Your injury may currently be below the 15% threshold but over time, it could deteriorate – placing you above the minimum threshold.
Common examples of this are injuries that require surgery down the track. But other examples include injuries where treatment is conservative at first (e.g., rest, light duties, physiotherapy) and then escalate over time.
How does employer negligence impact a claim?
Unfortunately, it doesn’t matter how obviously negligent an employer may be, it won’t determine the outcome of your injury claim. In NSW, your claim is based on having a “whole person impairment of at least 15%”.
What should you do if you are injured at work?
If you or someone you know has been injured at work, we suggest you get in touch with us. We offer a no win/no pay service. This is important because in many cases, we will need to monitor your situation to see if your injury heals or progresses. If your injury and ability to work deteriorates, we will be there to help you (see our success stories here). In our experience time limitations are not relevant as most work injury claims are resolved through mediation. Therefore, it’s worthwhile waiting to see if you have grounds to make a compensation claim.
To investigate your options, call us on 1800 600 664 or contact us here. You can trust us to put you first and take care of your interests.
Because at Taylor & Scott, We Care For You.