Do you think your workplace injury could have been prevented? 

 

Perhaps the job could have been done differently, or your workmates could have acted differently? 

 

Maybe more training was needed, or a warning about the risks of the job?

 

If so, you may have a negligence claim in addition to your statutory rights.

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If the injury is due to the negligence of your employer, you will be restricted to work injury damages. 

 

That means you must reach a threshold (15% whole person impairment) before you can make a claim and damages are restricted to loss of income and superannuation.​

 

If someone else was at fault (for example an occupier or contractor), it is much easier to make a claim because there is a lower injury threshold.  You can also can claim damages for all of your other losses including medical expenses, domestic assistance,  pain and suffering and loss of enjoyment of life.

 

There is a 3 year time limit to bring a claim for damages so you should seek legal advice from an expert as soon as possible. 

 

If it has been more than 3 years since your injury, it may be possible to apply for an extension of time but you should not delay any further.

 

At Mortimer Fox Lawyers, our Accredited Specialist is experienced in handling the most complex of claims.  She has successfully resolved damages claims for workers who have been advised by other lawyers they could not bring a claim including:

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• Injuries that occurred more than 20 years ago.

• Other lawyer advised no negligence.

• Other lawyer failed to explore all avenues for reaching 15% WPI threshold.

• Other lawyer did not identify potential third party claim.

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The first consultation is FREE and we will generally look after your case on a no-win/no-fee basis. 

 

Follow the links below for further information:

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What is your work injury damages claim worth?

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