From Injury to Compensation: How to secure compensation through Work Injury Damages

Co-authored by Brooklyn Evans

KEY TAKE AWAYS:

• Work Injury Damages is claim for further compensation upon the successful completion of a Workers Compensation Claim – could you be eligible?
• Understand the process of Work Injury Damages and how Coutts can assist you in maximising your compensation!
• After receiving a lump sum settlement under a Workers Compensation Claim, you may be eligible to pursue further compensation if your workplace injury was caused by your Employers negligence.

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Introduction

As part of the NSW Workers Compensation Scheme, you can claim weeklies, medicals and a lumps um if eligible. An injured worker can receive lump sum settlement pursuant to section 66 of the Workers Compensation Act 1987, if they meet certain thresholds. For physical injuries, an injured worker needs to exceed a 10% threshold of WPI, whereas a psychological injury needs to be of 15% WPI or higher to be eligible. Exempt workers have a different scheme.

Once a section 66 settlement has been finalised, if an injured worker is eligible, they may lodge a claim for Work Injury Damages (‘WID’) pursuant to the Workplace Injury Management and Workers Compensation Act 1998. Eligibility is set out below.

WID is a claim for past-economic loss, past superannuation, future economic loss, future superannuation loss generally.  This claim is based on your capacity.

 

Who is Eligible for a Work Injury Damages Claim?

An injured worker may be eligible for a WID claim if they are able to successfully prove that their workplace injury was caused by the negligence of their employer and if they meet the prescribed WPI threshold. An injured worker, regardless of whether the injury is physical or psychological, is to be assessed at 15% WPI or higher to be eligible for such a claim. This assessment is to either be accepted by the Insurer or determined by the Personal Injury Commission, hence why a WID claim is generally made upon the completion of a statutory section 66 claim.

Limits

There is a 3 year from the date of injury to commence in the Court under the Limitation Act 1969. Although the PIC is not a court you need to ensure you protect your interests and it is essential that your solicitor makes the claim for WID or places the employer on notice prior to the three-year anniversary.

Overall, an injured worker must meet the following criteria to be eligible for a WID claim:

• You must be assessed at 15% WPI or higher; and
• The workplace injury must be a result of negligence of your employer.

If you are unsure as to whether you are eligible – we invite you to make an appointment with our experienced Personal Injury Team to discuss your avenues for compensation. This is on a no win no fee basis.

What is the process?

Once you have finalised your section 66 claim for lump sum compensation the process of a WID claim is as follows subject to circumstances:

1. Meet with the experienced Personal Injury Team at Coutts Lawyers and Conveyancers to discuss your eligibility and entitlements.
2. If you have a case your lawyer will collect evidence as to your economic loss, which may include Payslips, Tax Returns, or Notices of Assessments from two years prior to your Injury to date.
3. Lodge a notice of claim pursuant to section 282 of the Workplace Injury Management and Workers Compensation Act 1998 on the insurer/employer.
4. The Respondent will usually ask for particulars of the claim.
5. Further evidence may need to be obtained such as expert reports.
6. Following the 2 month period after the particulars are responded too we will lodge a Prefiling Statement (which is a series of pleadings).
7. The Respondent will lodge a Prefiling Defence.
8. A Mediation will be arranged with the PIC.
9. In the event that the Mediation is unsuccessful, your matter will be filed within the District or Supreme Court. Hence the 3 years becomes very important at this stage.

You should note that around 70-80% of WID claims settle at Mediation.

You should also note that the process takes around 7 months from the date you issue the Notice pending the evidence.

What is needed from the Injured Worker?

All that is needed from the injured worker during the WID process is the following:

• Details of the negligence including what would have prevented the injury.
• Evidence of your pre-injury weekly earnings for at least two years prior to your date of injury (eg. Payslips and Tax Returns) to date.
• Evidence of any Private Health Insurance or Income Protection.
• Full transparency regarding any employment since the injury.

Conclusion

Coutts Lawyers and Conveyancers offers a ‘No Win, No Fee’ agreement for Professional Fees for our Work Injury and Compensation division.

Karena Nicholls who heads up our Workers Compensation team has extensive experience in successfully securing our clients exceptional outcomes and the ability to leave the insurance scheme behind so you can move forward physically and emotionally.

If you have an active Workers Compensation Claim or about to embark on one and want to know more about your eligibility for Work Injury Damages, contact our team today.

 

Schedule an Appointment Now

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