Differences between a workers’ compensation claim, and a work injury damages matter.

Workers’ Compensation Claim

February 10, 2022


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Many people might not understand the difference between a workers’ compensation claim, and a work injury damages matter.

Our Director and Senior Lawyer, Jimmy Dufour explains the main differences.

A work injury damages case is a claim where you sue your employer for negligence, for an act, or an omission, usually for an unsafe system on work, or an unsafe workplace. In these types of claims, you’re able to obtain one lump sum payment in respect of all of your economic loss, both past and future.

In our experience, these types of claims can often be worth well in excess of a $100,000, and often much more.

In order to be eligible to make a work injury damages claim, you need to be able to satisfy two crucial elements.

  1. The first element is that you have to be assessed with at least 15% whole person impairment, arising from your workers compensation injury.
  2. The second element is that you must establish that your employer was negligent in causing your injury.

In many cases, it may not be immediately apparent that you satisfy this criteria. Another very important element when looking at work injury damages cases, is that time limits exist, that are often very strict, and upheld by the court, unless you file your claim within time. The question as to whether your employer was negligent, is often a complex one. Employers have a duty of care to ensure that you work in a place that is safe. If you’ve reached the impairment threshold, it is essential that you seek legal advice, so we can look into whether or not your employer was negligent in your work injury.

Many people that have had workers’ compensation claims, might not even be aware that they may be able to bring a claim for negligence or work injury damages against their employer.

If you think this may apply to you, just remember, time is of the essence. So, please give us a call and let us assess your case today.