Ever been injured at work?
If you’ve been left with a permanent injury, which could include a physical or psychological injury, you may be entitled to claim Work Injury Damages.
These claims are paid by your Workers Compensation insurer and can often result in a significant lump sum compensation payout.
Schofield King lawyers are experts in Work Injury Damages claims, and can maximise your entitlements. We act on a no win no fee basis for all Work Injury Damages claims.
Find out what you’re entitled to. Contact us today.
- No Win No Fee
- We Win Over 99% of Cases
- No obligation initial advice
- Maximum Compensation
Watch video: Jimmy Dufour explains Work Injury Damages
Who can make a claim?
In order to be eligible to make a Work injury damages claim you must do all of the following:
- Be able to establish that your employer was negligent, and that the negligence caused your injury — read more
- Satisy the 15% Whole Person Impairment (WPI) threshold. This threshold needs to be accepted by the workers compensation insurer or determined by the Workers Compensation Commission— read more
- Be able to establish economic loss as a result of your injury — read more
- Issue a claim in accordance with both the timeframes and procedures of the Workers Compensation legislation — read more
Further information regarding this criteria is set out below.
Director & Senior Lawyer David King with client
As stated, Work Injury Damages cases require you to establish that your employer was negligent in causing your injury. This means that they breached their duty of care to you, and that the breach caused your injury. The question of Negligence is often not straightforward and a lawyer will be required to carefully determine whether there are arguments to suggest that your employer was negligent. Fortunately for injured workers, courts have determined that employers are held to a very high standard to safeguard workers from injuries.
Our expert lawyers can advise you as to whether they feel you can establish that your employer was negligent. Sometimes our lawyers may even be required to engage 3rd party experts (such as an engineer or architect) to determine whether your employer was negligent.
15% Whole Person Impairment Threshold
In NSW to be eligible to make a work injury damages claim, workers must overcome the hurdle of being assessed as having a 15% WPI or greater.
It is helpful to understand that as part of their Workers Compensation claim, injured workers are potentially eligible to receive Lump Sum compensation under section 66 of the Workers Compensation Act. This involves receiving an injury assessment by a Doctor who is qualified to assess under a set of guidelines known as the AMA 5 guidelines. Ultimately the Doctor provides a Whole Person Impairment (WPI) which is expressed as a percentage. Presuming that WPI is greater than 10% for a physical injury,
or equal to 15% greater for a Psychiatric injury, that injured worker may make a claim under section 66 of the workers compensation act for a lump sum. Please note, this kind of claim is not a Work Injury Damages claim.
A work injury damages claim can only be made once a successful section 66 claim has been made for equal to 15% WPI or greater for either physical or psychological injury. Generally, this involves either:
- The insurer accepting your injury is equal to or greater than 15% Whole Person Impairment; or
- The Workers Compensation commission determines that your injury is equal to or greater than 15%
Once you have established the 15% Threshold, you have satisfied the injury threshold and may be eligible to make a Work Injury Damages Claim.
If you can establish negligence against your employer, and you have satisfied the 15% WPI injury threshold, you will then potentially be entitled to receive damages for lost income (both past and future) in one lump sum. Our expert lawyers can calculate your potential economic loss. This involves an analysis of such things as:
- Your pre-injury earnings;
- Your post-injury earnings (if any);
- Your capacity or fitness for work both prior to, and subsequent to the injury;
- Details as to your employment prospects both pre and post injury
- Medical evidence
Your lawyer will need to use litigation tables which are used by Courts to calculate economic loss. Various caps on economic loss imposed by the Workers Compensation legislation may also need to be considered.
Time limits and Procedures for Work Injury Damages claims
There are time limits for making Work Injury Damages claims. You should seek legal advice regarding these time limits as procedures for making claims need to be followed to ensure these time limitations are met.
Upon meeting the criteria set out above, notice needs to be provided to make a Work Injury Damages claim. The workers compensation legislation specifies certain details that need to be provided in that notice. Upon providing that notice, a further document called a ‘prefiling statement’ must then be provided. The prefiling statement needs to provide further details and must include all evidence you seek to rely upon in Court should your matter proceed that far.
Upon providing the prefiling statement, and waiting 28 days, you can file an Application to participate in mediation in the Workers Compensation Commission. In our experience in most cases the insurer will participate in a mediation in the Workers Compensation commission. Many cases are able to resolve at the mediation, or shortly thereafter. When cases do not resolve at mediation, it is necessary to file Court proceedings to have your matter determined by a court. You can continue to discuss settlement with the insurer even once Court proceedings are initiated.
Why Schofield King Lawyers?
The expert lawyers Schofield King have an immense amount of experience in dealing with work Injury Damages matters and getting clients the compensation they deserve.
We fight hard, and we also offer very competitive no win no fee costs arrangements. If you feel you may have a Work injury damages matter, you should have a no obligation chat to us!
Keep in mind, many of our clients are referred by previous clients.
See what some of them had to say.
Senior Lawyer Andrew McQuilkin with clients at Schofield King’s Port Maquarie office
Do you want to know what you’re entitled to? Book a free consultation with one of our expert lawyers.
There are two ways you can make a booking.
- No Win No Fee Guarantee
- Experts in Compensation & Personal Injury Law
- We Win Over 99% of Cases
- We always seek maximum compensation for our clients.
What our Workers’ Compensation Clients Say
Don’t just take our word for it.
Trust the word of the many clients we’ve helped.
I was referred to Schofield King Lawyers, by another lawyer. He told me that they would be the best, that they would fight for me and would do everything possible to help me win. He didn't lie. Jimmy and the team worked with me to help me get the best outcome possible for my case. It was so good, even I, didn't anticipate it! Thank you to Jimmy and the whole team for your hard work and especially your patience with me when I was worried or stressing.
The care and advice I received was more than I ever expected and for which I’m greatly appreciative of. Thanks
Right from the first appointment I was treated kindly and with empathy. Everything was explained in detail and I was asked not to hesitate if I had any further questions. All my queries were responded to promptly. I highly recommend Schofield King Lawyers.
Again , just wanted to thank Jimmy and his staff at the Narellan office, my case was tended to professionally and with empathy and understanding, kindness and all done in a timely manner. I would recommend you guys in a heartbeat, cheers.
I felt I was alone and doubtful however Jimmy from Schofield King Lawyers reinstated my faith of believing in myself. Thank you Jimmy for winning my case. It matters more than you know.
Schofield King Lawyers were very diligent and understanding of my workplace bullying and harassment work injury damages matter after having gone through 3 different solicitors/legal firms in over 4 years. Without the immediate help, patience and support of Schofield King Lawyers’ Andrew McQuilkin, my family would have continued to suffer emotionally, psychologically and financially. This has given me and my wife the peace of mind we have been seeking for so long to begin our healing process.
After injuring my back at work and being continuously denied liability by my insurance. With special thanks to Jimmy, have been in to battle and won me the right to get me the treatment I needed.
Schofield King Lawyers, were fantastic, kept us up to date all the time, were always there to answer any questions, they were very professional at all times. I would have no hesitation recommending Schofield King Lawyers.