Work Injury Damages Claims

If you have been hurt on the job due to your employer’s or a colleague’s negligence, you may be entitled to work injury damages compensation. This is also known as a ‘modified common law’ claim.

In a work injury damages claim, an injured worker claims compensation for past and future loss of earnings and superannuation that has been caused by the accident.

In order to be eligible for work injury damages compensation, your whole person impairment has to be assessed at 15% or greater and must be agreed by the insurer or you have been assessed by an AMS (Approved Medical Specialist).

Our specialist workers compensation lawyers will advise you on your eligibility for work injury damages compensation, if the act or omission that caused your injury was negligent, and the affect that such a claim will have on your other workers compensation entitlements.

A work injury damages claim is usually brought after a lump sum / impairment compensation claim.

There is generally a strict deadline to bring such a work injury damages claim. It is therefore important to seek expert legal advice as soon as possible after sustaining an injury at work.

To read some examples of our successful work injury damages cases, visit our case studies page.

Contact your local team for a personal consultation to find out if you are eligible to make a claim. Call 1800 251 800 or contact us today.

FREQUENTLY ASKED QUESTIONS

MEDICAL NEGLIGENCE COMPENSATION CLAIMS

Most medical negligence claims are not clear cut. The way we determine whether a person has a medical negligence claim is by conducting a thorough investigation. This investigation involves taking a detailed history from the person involved and any witnesses available. We then request a complete copy of their medical records. Once we have all the material we require, we analyse it carefully. We then qualify an independent like-trained expert to comment on whether they consider the standard of treatment and care provided to that person was acceptable.

If that expert is prepared to criticise the treatment or care as being below an acceptable standard, then it is only at that time that we can establish that a person actually has a medical negligence claim.

A medical negligence claim can be brought against any person or entity who has a duty of care in providing competent and reasonable medical treatment to a patient. Medical negligence claims are most commonly brought against public and private hospital medical and nursing staff, as well as specialist doctors. However, claims can also be brought against:
  • General Practitioners
  • Radiologists
  • Dental Professionals
  • Chiropractors and Osteopaths
  • Occupational Therapists
  • Facilities responsible for a person’s care such as a Correctional Centre
A claim can be made a against more than one person or entity should multiple medical professionals breach their duty of care towards a person.
Medical negligence is a complex and highly technical area of law, and making a medical negligence claim requires experienced and expert lawyers to assist you with the process.
In New South Wales, there is a time limit in which a person can bring a medical negligence claim. This time limit is 3 years from the date of discoverability, which is the first date a person ought to have known:
  • That an injury has occurred.
  • That the injury was caused by the fault of another person.
  • That the injury was sufficiently serious to justify bringing a claim.

As can be seen, there are some circumstances in which a person can bring a claim for an injury which occurred more than 3 years ago. However, to determine whether this is possible requires a detailed understanding of your situation to help us advise you further.

Every medical negligence claim is uniquie, and brings its own challenges with individual facts and issues. Therefore, there is no typical timeframe within which medical negligence claims may resolve. In our experience, medical negligence claims can take anywhere from 2 to 4 years to resolve. How long each claim takes to resolve depends on a lot of different factors, many of which are outside our control. The main factors which impact how long a medical negligence claim can take to resolve include:
  • The time taken to access medical records
  • The complexity of the medical issues involved in the case
  • The availability of experts
How vigorously the claim is defended by the defendant lawyers.

Being injured as a result of a medical professional’s negligent treatment and care can be life changing. Unfortunately, it often results in permanent pain and suffering, ongoing treatment expenses, requirement for care and loss of income. Bringing a medical negligence claim is about your future financial security.

Although, compensation is unable to change what has happened to a victim of medical negligence, it can go a long way towards alleviating any financial stresses which people often find themselves in as a result of the injury they have suffered.

Stacks Goudkamp are highly experienced and specialised personal injury lawyers. Our medical negligence lawyers specialise only in medical negligence litigation. This means they are a dedicated expert in the area and can ensure you receive the very best outcome to which you are entitled.

I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.

CONTACT US

Contact your local team for a free consultation to find out if
you are eligible for compensation