Damages Claims
- You may be entitled to recover additional damages instead of accepting a lump sum offer from WorkCover.
- Damages payouts may be far in excess of the lump sum offer.
Unless your injuries were your own fault, you may be entitled to recover damages instead of accepting a lump sum from WorkCover.
You should be entitled to recover damages if your injuries were caused or contributed to by:
- something done by another worker;
- an unsafe piece of equipment;
- an unsafe method of performing a task;
- your employer's failure
- to properly train you how to perform a task;
- to warn you about a risk of injury;
- to provide proper safety equipment for the job or worksite;
- to perform a proper site risk assessment.
If your injuries were caused by (or contributed to by) one or more of the above factors, you can claim damages for your injuries instead of accepting a lump sum offer from WorkCover.
If you are claiming damages for a work injury, you can claim for:
- pain and suffering;
- lost wages or overtime not paid by WorkCover during your WorkCover claim, plus interest;
- future loss of wages, if there is a chance your injuries might affect your future earnings - even if you have returned to full time work;
- any treatment expenses not paid for by WorkCover;
- the cost of any treatment that you may require in the future, including the cost of surgery and painkillers or other medication.
If you have received a lump sum offer from WorkCover, or when you receive that offer, we will be able to provide you with an accurate estimate of the damages, which you can expect to recover for your injuries. In almost every case, the damages will be in excess of WorkCover’s lump sum offer.
If you decide to claim damages for your injuries instead of accepting WorkCover’s lump sum offer, we handle all of our clients’ damages claims on a “no win – no fee” basis, and we also pay all of the outlays associated with your claim.
Know your rights and be aware of your options.
