What You Need to Know The Workers Compensation Lawyers “Fight For Your Rights” Who is entitled to make a claim for work injury damages? To be eligible to make a claim for work injury damages, the following criteria must be met, the work injury is a result of the negligence of the employer, the injured worker must have an assessed permanent impairment of at least a 15 per cent whole person impairment claims for lump sum compensation for permanent impairment and pain and suffering must be made prior to or at the same time as the work injury damages claim, and must be settled prior to a work injury damages claim being finalised. How is a work injury damages claim heard? Initially, the Workers Compensation Commission attempts to mediate and reach settlement through discussion and agreement of all parties. If an agreement is unable to be reached, work injury damages claims are heard in the District Court. If a work injury damages claim is not successful, the worker will continue to receive workers compensation under the statutory scheme, but is likely to be liable for court costs incurred during the work injury damages claim. If you think you may be eligible to lodge a work injury damages claim and would like to proceed please contact the Workers Compensation Lawyers or contact one of our office for a free consultation |