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Work Injury Damages

What can be claimed in a work injury damages claim?

A claim for work injury damages is for past and future economic loss, including wages and superannuation. It does not include a claim for medical expenses.

Can I claim further compensation after settlement of a work injury damages claim?

No. A work injury damages claim will finalise the claim and no further compensation can be claimed.

Can all injured workers make a work injury damages claim?

In order to be able to pursue a work injury damages claim the following criteria will need to be satisfied:

  • the injury must have been caused by the employers negligence
  • the worker would have had to had a successful claim for lump sum compensation of at least 15% whole person impairment

What is the time limit for making a work injury damages claim

Proceedings cannot be commenced until 6 months after the injury is reported to the insurer and must be commenced within 3 years of the date of injury. After 3 years a worker must be granted leave by the Court to commence proceedings.

Am I still entitled to claim workers compensation if my work injury damages claim is unsuccessful?

Yes, you will still be able to claim weekly compensation and medical expenses.