Employer Negligence & Work Injury Damages Claims
Often an employee working for a company or a sole trader sustains significant and often life-threatening injuries due to the negligence of the employer. If your case is significant whereby you sustain 15% or greater whole person impairment as defined under the Workers Compensation Act, you would be entitled to claim a lump sum for full wage loss to be paid to you upon establishing that the employer was at fault or negligent for the injury. Examples of negligence of the employer include:-
- Failure to provide adequate and safe working conditions such as clothing, footwear and a safe location to perform work required by the employer on a building site, at a factory or wherever you are placed and required to perform your work activity.
- Failure to adequately train and supervise your employment to ensure that you are equipped with the right skills to perform the work required.
- Allowing you to perform excessively heavy and repetitive lifting, carrying of heavy objects without adequate assistance whether it be mechanically or provision of additional staff to help you resulting in significant injuries to your neck back shoulders or legs.
- Allowing you to work at a location not owned or under the control of your employer such as on a building site or factory floor where the system of work is unsafe due to wet and slippery flooring, poor supervision or simply under skilled co-workers that cause you injury including situations where other employees or contractors driving mechanized vehicles such as lifts or tractors in a manner causing you injuries due to being poorly trained or inadequately supervised.
- If due to your working conditions you have sustained severe psychiatric illness due to the negligence or fault of your employer.
If you suffer significant injury and have been assessed as being a person who has sustained 15% or greater whole person impairment you would be entitled to a future lump sum for wage loss additional to any payments you may have received for workers compensation for the loss to various parts of your body including arms legs eyes back neck and/or sexual performance.
It is important to note that once you receive a lump sum for wage loss your Workers Compensation Claim comes to an end. Often from experience most people in such a situation are happy to receive a lump sum payment so that they get on with the rest of their life without continually dealing with insurance companies.
Actions for Negligence Against Parties Other Than Your Employer
It is very important that it if you are bringing a case against a third party arising from a work accident, not your employer where the negligent accident occurred, you may be able to bring an action are against this third party such as an independent contractor, builder or group that caused the accident who were not your employer. Under this situation your employer may not be negligent but the injury at work was caused by another person or company and if this is the case your claim will even be more substantial than specified above as you might be successful in winning not only money for wage loss but also for loss of superannuation, all medical expenses past and future, home care requirements and personal care needs costed at commercial rates of $30.00 per hour for the past and into the future, but more particularly you would be able to make a claim for pain and suffering something that you not able to achieve by bringing an action against your employer. You must however be aware that if you are successful in a third party claim of this type you would need to repay any workers compensation received from your employer or his insurer at the successful conclusion of this action.
Gerard Malouf and Partners are expert personal injury and employer negligence & work injury damages claims lawyers who have run thousands of successful claims involving employer negligence and third-party actions involving the employer.
*NSW workers compensation legal fees are funded by WIRO.