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These claims provide a means for employees who have sustained injuries at work due to employer negligence to seek compensation beyond standard workers’ compensation benefits. Our experienced team guides clients through the process of establishing negligence, quantifying the extent of the injury, and negotiating appropriate compensation. We understand the complexities involved in such claims and are committed to ensuring that our clients receive the full compensation they deserve for their loss and suffering.
Karena Nicholls
Partner
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Why Experienced Lawyers Boost Your Compensation
The difference between an experienced lawyer and one who is not can mean all the difference to your outcome. If you are to sue your employer for Work Injury Damages, you need to be assessed at 15% whole person impairment and establish negligence. Our experienced team can assist you from the very beginning to ensure that you are strategic with your long-term goals. We engage our team of vocational, medical and liability experts to ensure you maximise your entitlements.
What does this mean?
Claims of Common Law Work Injury Damages have a criteria you must reach namely:
- That you read the 15% threshold
- That you can establish that your employer was negligent
- A time threshold of 3 years from the date of injury with some extension provisions, if applicable.
What are the steps?
Once you have your claim determined as per above we are required to serve a section 282 letters of particulars to the insurer with particulars of the claim. They have two months to consider the claim after which we are then required to file a Prefiling Statement setting out the pleadings of the claim of negligence and damages. The Insurer will then within another 2 months file a Prefiling Defence. It is at this time we can refer the matter to the Personal Injury Commission (“PIC”) for Mediation.
Mediation and Court Process
Once the matter is referred to Mediation the PIC will issue a time and date with a mediator appointed by the PIC. The parties engage in discussions to try and resolve the matter. If the matter resolves this will bring an end to all claims against the employer for this injury.
If the matter is not resolved, we will file the pleadings in the applicable Court and start the Court process. No matter can be referred to Court until a certificate is issued by the Mediator as to the completion of mediation.
What to Expect with Coutts Lawyers
Step 1: Initial Contact
Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.
Step 2: Consultation Appointment
Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.
Step 3: Information & Legal Advice
Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.
Step 4: Action Plan Development
Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.
Step 5: Implementation
Execute the action plan, addressing a range of legal scenarios as necessary.
Step 6: Resolution & Closure
Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.
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Introducing Karena
Your Compassionate Lawyer
Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.
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Work Injury Damges FAQ’s
A workers compensation claim provides benefits to an injured worker regardless of who was at fault. It covers medical expenses, rehabilitation costs, and lost wages. A work injury damages claim, on the other hand, is a claim against the employer for negligence. If successful, it provides a lump sum compensation for past and future economic loss.
Yes, typically, you’ll first need to make a workers compensation claim. If you’ve been assessed with a permanent impairment of 15% or more, you may then be eligible to pursue a work injury damages claim.
If your condition worsens, it is possible to get reassessed. If your impairment is then determined to be 15% or more, you might become eligible for a work injury damages claim, provided other criteria are met.
Accepting a lump sum payment for your permanent impairment under the workers compensation system does not necessarily prevent you from making a work injury damages claim. However, it’s essential to get legal advice before accepting any lump sum offer to understand all potential implications.
Typically, once a work injury damages claim is settled or determined by a court, you cannot claim further compensation for loss of earnings or earning capacity from the workers compensation system. However, you might still be eligible for certain medical, hospital, or rehabilitation expenses.
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