No matter where you work, if you have sustained a work-related injury, you are entitled to make a claim for compensation and in some circumstances, additional common law damages.
Common Law Damages Claim
To receive common law damages, you also need to prove there was a “negligence” or “fault” from the employer or any relevant third party. If you are injured at work and the accident was not your fault, you may claim for common law damages. You should also establish that you suffered a “serious injury.” Once the injuries are stable, you can apply to Workcover for a Serious Injury certificate to claim damages.
If Workcover determines that the injuries are not serious, you can apply to the County Court and ask a judge to decide whether the injuries are serious.
You may be entitled to claim for:
- Pain and suffering damages
- Past and future income loss and superannuation
- Past and future medical expenses
Making a Work Injury Claim
It is important that you receive immediate medical treatment and have the injuries and medical treatment documented by a doctor. Once treated for the injuries, obtain and retain receipts for expenses.
You will then need to complete the following within 30 days:
- Report the work accident to your employer
- Obtain a Workcover medical certificate
- Complete the Workcover claim form and the medical certificate and hand them over to your employer
Pentana Stanton Lawyers:
Lawyers for the Injured
Workcover benefits are limited and may not always cover all the expenses sustained. Common law damages, on the other hand, can help you recover all additional expenses.
We investigate claims on a no win no fee basis. We will not charge professional fees (disbursements excluded) for our time unless there is a successful outcome. Click here to learn more about No Win No Fee representation by our personal injury lawyers.
Claim Evaluation Process
When our Personal Injury Lawyers begin evaluation your case, our lawyers will consider the following:
- The potential liability of your employer
- The medical diagnosis of work injuries and relevant medical reports by your Doctor and any relevant specialists
- The degree of permanent impairment and whether you are able to return to work
- The severity of the work injuries and how it influences your daily life and working life
- The consequences of work injuries upon your life and income
Following the release of all relevant information, our personal injury lawyers will advise you regarding a range of compensation that you should expect. If our claim evaluation process does not establish a viable claim, we will advise you at an early stage. The decision relating to your claim will be based upon medical materials and clinical records from hospitals, doctors clinics and any other medical facility relevant to your injury.
If we recommend a damages claim is viable, we will arrange written opinions from specialists (Independent Medical Examinations or IMES’) around such issues as diagnosis, prognosis, work capacity and vocational capacity.
Contact Pentana Stanton Lawyers on (03) 900 22 800 and speak to one of our person injury lawyers for a free initial telephone consultation.