If you have a work-related injury or illness, you may be able to claim compensation for lost income, medical expenses, travel expenses, domestic assistance, pain and suffering and permanent impairment.
All employers are required to have workers compensation insurance which provides protection to workers who suffer work-related injury or illness.
If you have been injured at work, it is important that you do the following:
- Report your injury to your employer
- Visit your doctor and report all your disabilities as a result of the injury
- Get a ‘Certificate of Capacity’ from your doctor
- Submit a workers compensation claim form and submit the form.
Once you have reached maximum medical improvement you can bring a claim for a lump sum and you will be given a level of whole person impairment percentage.
If you have reached 15% whole person impairment, you have the option of suing your employer for negligence. It must be shown that your employer did not meet their obligation to provide you with a safe system of work, which includes taking pro-active measures to ensure proper training, equipment and supervision is provided. This type of claim is commonly referred to as a work injury damages claim.
This can result in a much higher amount of compensation, as it allows you to claim a sum that represents the future income you would have earnt had you not been injured.
A work injury damages settlement extinguishes all further entitlements to workers compensation benefits (including weekly payments, and medical, hospital and rehabilitation expenses) associated with that injury.
The amount of weekly payments that has already been paid to you may have to be repaid out of the settlement amount.
It is important not to delay obtaining legal advice should you have suffered a work injury. Call one of our compensation specialists for a free consultation on 1800 180 500.
Bernard McAuley, Solicitor
McAuley Hawach Lawyers
11 Fennell Street, Parramatta NSW 2124
Telephone: (02) 9633 1826
Facsimile: (02) 9687 8114 (02) 9687 8114
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