What do you do if your workplace injury was not your employer’s fault?

If you suffer a workplace injury, and it’s significant, you may be able to claim for loss of income (learn more here). Such a claim is under the Workers Compensation scheme.

If you were injured as a result of the fault of an entity other than your employer, you have legal rights under another piece of legislation. This is known as a claim under the Civil Liability Act.

This situation commonly occurs when working for a Labour hire company  or temp agency or when you are working on a large constructor site and the builder has control of the work being performed. In these situations, your employer is the agency but the injury is caused when on loan to one of their customers (referred to as the “host employer”).

Claims against non-employer third parties are not limited to loss of income or dependent on a minimum “whole person impairment of 15%” like other workplace injury claims.

When a third party is sued for negligence, you may be able to claim for:

  • Future medical expenses
  • Loss of wages and superannuation
  • General damages for pain and suffering
  • Gratuitous care (which refers to additional care by family and friends that wasn’t required before your injury)
  • Psychological injuries as well as physical ones

Making a negligence claim

Negligence claims against third-parties are often complicated so it’s important to get sound advice from experts in this area of law.

At Taylor & Scott, we are experts in assessing the merits of negligence claims against third-parties and host employers – all with our no win/no fee service. This provides the opportunity to pursue your negligence claim without additional financial pressures because you don’t pay any costs to us unless and until you win your case.

Our clients tell us this gives them a great sense of relief at a time when life is very stressful, and it shows in our track record.

If you have sustained a workplace injury, contact Taylor & Scott for a free case assessment. To arrange a time, call us on 1800 600 664 or contact us here.

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