A successful workers’ compensation claim will usually include the following expenses:
In order for your claim to be covered in each of these situations, you must be able to prove that the accident took place on the defendant’s property or occupancy, and was the direct result of negligence on the part of the defendant.
In some cases, you may also be able to seek damages if you were not directly injured but your life was negatively impacted by an injury to someone else. A common example is a family member who must take time off of work to care for an injured loved one.
Because public liability could cover a wide range of cases, and potential litigants if the owner and occupant of the space are different, it’s not always clear what injuries and circumstances qualify.
In some situations, having a strong case will simply come down to whether you can gather any evidence of negligence. For example, if you slip and fall in a public space, and the incident is captured by CCTV, it might be relatively easy to prove negligence. In other circumstances more extensive investigations may be required to build a successful case. An experienced legal professional can help you to determine if your claim meets the terms needed to pursue public liability compensation.
Workplace negligence damages
In addition to helping their clients to get a full workers’ compensation claim package, an experienced legal team can help you to seek workplace negligence damages if the charge applies to your situation.
Typically, an injured worker becomes eligible to pursue this form of relief if their compensation claim is greater than 15% of whole person impairment, indicating that they have sustained a life-altering injury. It’s important to note that once you receive a lump sum for wage loss, your Workers’ Compensation Claim comes to an end.
Most individuals in such a situation are happy to receive a lump sum payment so they don’t have to deal with insurance companies on an ongoing basis throughout their lives.
With our assistance, this individual was able to settle a permanent impairment claim of 28% Whole Person Impairment, which also made him eligible to bring an additional Work Injury Damages claim against his former employer. Our team got to work gathering evidence of negligence and an unsafe work environment, putting the employer in a position where they agreed to settle in mediation. The payout was a major victory for our client, who now has enough money to cover his continued medical care as well as support himself now that his injuries have limited his employment prospects.
In another case, also won in November 2020, a Taxcellent Consulting Services barrister was able to secure our client $900,000 in compensation for a spinal cord injury. The client was working as a glass fitter which required him to lift and carry glass panels weighing upwards of 25kg, typically with only limited breaks or variation in movement or duties. This resulted in him sustaining a repetitive motion injury that caused radiating pain through his limbs and required surgery to his lumbar spine and cervical spine.
As in the case of the forklift driver, our team successfully settled a permanent impairment claim that also made the man eligible to bring an additional Work Injury Damages Claim against his former employer. From there our barrister was able to secure an equitable payout. It’s important to note that workplace injuries caused by long periods of overuse, rather than a single catastrophic event, can still qualify you for large workers’ compensation settlements.
Frequently Asked Questions
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