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Are Work Injury Damages and Workers Compensation Claims the Same Thing?

Work injury damages & workers compensation

Getting injured at work can be traumatic and have a lasting impact. How do you know if you satisfy the eligibility criteria to claim compensation?

Unlike workers compensation claims which have provisions for weekly compensation, medical expenses and lump sum compensation, a work injury damages claim is restricted to past and future economic loss including wages and superannuation.

In order to be able to pursue a claim for work injury damages an injured worker needs to establish that:

  • their injury was the result of the employer’s negligence
  • they are incapacitated as a result of their injury and unable to earn the same amount as they were earning prior to the injury
  • they have at least 15% whole person impairment.

If the worker cannot satisfy these criteria they will be unable to pursue a work injury damages claim. They will however still be entitled to claim weekly compensation, medical expenses and lump sum compensation from the insurer providing the insurer accepts that work was a substantial contributing factor to the injury or main contributing factor if the injury is a disease and liability is not denied.

If an injured worker is successful in a work injury damages claim they will receive a one off payment of their settlement monies. Thereafter the workers claim will be finalised and they will be unable to make any further claims in respect of their injuries.

If you have been injured at work and believe that you can satisfy the above criteria contact our office to discuss your claim with our expert work injury lawyers.

Simon Meigan, Partner and Accredited Specialist in personal injury Compensation Law here at Taylor & Scott Compensation Lawyers is passionate about helping injured workers. Simon has successfully handled thousands of work injury damages claims. Read about some of his successful cases, including:

Remember at Taylor & Scott Compensation Lawyers we work to ensure you receive maximum compensation. All work injury damages claims are run on a no-win/no-pay basis meaning that you do not pay Taylor & Scott any costs unless you are successful with your work injury damages claim. Should you wish to discuss your situation with our personal injury lawyers, use our online contact form or call 1800 600 664.

At Taylor and Scott “We Care For You”.