Most workers in New South Wales would be aware that should they be injured at work there is a scheme of compensation in place to assist them with treatment expenses and to pay them weekly benefits while they are recovering from their injuries, and either unable to work or unable to work for the hours they worked before the accident.

Many workers would not be aware that this scheme, which was introduced “back in the day”, has been steadily eroded by successive New South Wales governments, so that it is now be a pale shadow of what it once was.

Hardly any workers would be aware that in the situation where they are seriously injured at work, and the injury is caused by the negligence of their employer, they are entitled to take legal action against the workers compensation insurer for their employer for lump sum compensation for their actual past loss of earnings and future diminished loss of earnings plus superannuation. Such a claim is known as a Work Injury Damages Claim.

To qualify for work injury damages a worker must be assessed by an Approved Medical Assessor appointed by the Workers Compensation Commission as having whole person impairment of 15% or more or the Insurer must agree that this is the level of impairment suffered. In addition, the worker must be able to prove an act of negligence on the part of the employer, which resulted in the injury/injuries suffered.

Depending on the level of impairment of the worker and the age of the worker at the time of the accident, damages payable by the Insurer can be considerable.

If you or a member of your family have been injured at work, there may be a right to make a work injury damages claim. You can contact Stacks Goudkamp on 1800 25 1800 or by making an online enquiry, to obtain friendly advice about your circumstances from one of our compensation experts.

Written by Sue Owen

Sue Owen is a solicitor in Ian Chipchase and Anna Tavianatos’s practice groups. Sue works with Ian and Anna on a variety of compensation claims including workers compensation.