Work Injury Damages

The difference between an experienced lawyer and one that 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:

1. That you read the 15% threshold;
2. That you can establish that your employer was negligent; and
3. 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 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 as against the employer for this injury.

If the matter does not resolve, 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.

Contact Coutts

Our experienced team of professionals is ready to assist you with your Work Injury Damages claim. We have a dedicated team of experts, who work together to ensure you receive the maximum benefits to which you’re entitled. Contact us today or fill out our online contact form to schedule your free initial consultation.