Common Law Work Injury Damages Claims

What Is a Work Injury Damages Claim?

• Injuries must be determined at 15% whole person impairment or greater
• Injuries must have occurred as a result of your employers’ negligence

Can I Make a Work Injury Damages Claim?

If you’ve been injured at work or while performing work duties, you may be eligible to make a work injury damages claim (WID claim) if:

• Your physical workplace injury was caused by your employer’s negligence

• You have received your statutory lump sum for permanent impairment

• You commence your claim within three years of the date of injury

• Your injury has been assessed at 15% whole person impairment (WPI) or more

Unsure if your injury meets the whole person impairment threshold?
Click here to read more about permanent impairment calculations.

Does My Workplace Injury Qualify For A WID Claim?

A successful work injury damages claim requires proof of negligence. This generally means establishing that:

• Your employer owed you a duty of care

• They breached that duty by failing to provide a safe system of work

• Your permanent impairment was caused by that breach

This is not simply about being injured at work. It is about proving your injury happened because reasonable safety standards were not met. Click here to read more about duty of care laws.

Unsure if you qualify for a work injury damages claim? At Withstand Lawyers, we carefully assess your eligibility, evidence, and long-term financial loss, and can advise whether making a work injury damages claim is in your best interests.

Contact us today for a zero-obligation, free claim assessment to find out more.

Typical Work Injury Damages Cases

If your employer failed to take reasonable care, you may have grounds for a work injury damages claim.

Typical work injury damages cases include:

• Unsafe work systems: pressure to rush, poor risk controls

• Inadequate training: operating equipment without proper instruction

• Failure to provide proper equipment: missing or unsuitable safety gear

• Poor supervision: no oversight of unsafe practices

• Breaches of safety obligations: known hazards left unaddressed

Typical work injury damages cases focuses on whether your injury was preventable, and whether employer negligence caused it.

How Is A Work Injury Damages Claim Calculated?

A work injury damages claim (WID claim) is calculated differently to standard workers compensation benefits.

While workers compensation provides weekly payments and covers medical expenses, a work injury damages claim is a lump sum claim focused purely on your economic loss. Economic loss includes not only the income you have lost already, but also the income you will continue to lose into the future because of your employer’s negligence. 

Your work injury damages payout is calculated based on:

1. Past Income Loss

• Lost income: Wages or salary the worker would have earned from the injury date to the settlement date.

• Superannuation: Lost super contributions on the income they would have earned.

2. Future Income Loss

• Assessment of future earning capacity: Considering the worker’s age, pre-injury earning capacity, and time left until retirement.

• Adjustments: For likely promotions, inflation, and expected wage increases.

• Deductions: For residual earning capacity if the worker can still perform some work.

3. Loss of Superannuation

• Calculated as a percentage of the lost income, reflecting what the worker would have accumulated if they had continued working.

Unlike other personal injury claims, work injury damages do not include compensation for pain and suffering. It’s also important to note that any weekly workers compensation payments you have already received are taken into account when calculating your final settlement. 

Because this claim represents the finalisation of your workers compensation entitlements, the calculation must be precise. It is not just about what you have lost so far, it is about protecting your long-term financial future.

Wondering what your settlement could be worth? Contact our work injury damages lawyers today for a free claim assessment so you can make the right decision for your financial future.

How Can I Make A Claim For Work Injury Damages?

Making a work injury damages claim can feel overwhelming, especially when you’re already dealing with a serious physical injury. The process is legal, structured, and highly technical. But at its core, it comes down to one thing: proving what happened and how it has affected your ability to earn a living.

To start a WID claim, your employer and their insurer must be given enough information to properly assess your entitlement. This includes:

• When and how the injury happened

• The nature of your injury and permanent impairment

• Any relevant pre-existing injuries

• Your loss of income

• Why your employer was negligent

• The amount of damages you are claiming

If the insurer accepts liability, they may make a work injury damages payout offer. Sometimes that offer is fair. Often, it is not.

If an agreement cannot be reached, the claim progresses through a formal pre-court process and may proceed to mediation. Many matters resolve at this stage. If not, the case can be determined by the District Court.

While the process has strict legal steps, you don’t have to navigate it alone.

At Withstand Lawyers, our work injury damages lawyers manage the entire process for you on a No Win No Fee basis – from preparing the evidence to negotiating with the insurer and, if necessary, representing you in court.

If you’re considering a work injury damages claim, contact us today for a free claim assessment and clear advice about where you stand.

What Does a Work Injury Damages Lawyer Do?

A successful work injury damages claim requires strong evidence, precise calculations, and strategic negotiation. This is where an experienced work injury damages lawyer makes a real difference.

An experienced work injury damages lawyer will:

• Assess your eligibility for a work injury damages claim

• Gather medical and financial evidence to prove employer negligence and economic loss

• Calculate your past and future income loss accurately

• Negotiate with the insurer to secure a fair work injury damages settlement

• Represent you in mediation or court if required

Insurers are focused on limiting payouts. Our role is to ensure your work injury damages payout properly reflects the impact your injury has had on your earning capacity and future security.

If your workplace injury was caused by negligence, speak with our trusted work injury damages lawyers today to find out where you stand after a workplace accident.

Do You Need To Go To Court For A Work Injury Damages Claim?

Most work injury damages claims don’t go straight to court. There are opportunities to resolve your claim through negotiation and mediation first.

During mediation, an independent mediator helps both sides try to reach agreement on your work injury damages payout. Many claims settle at this stage. However, if the insurer refuses to make a fair offer, and you cannot agree on a lump sum settlement, you may need to commence court proceedings.

If you’re facing resistance from an insurer, it can feel frustrating and unfair, especially when your financial future is at stake. 

Our experienced work injury damages lawyers will guide you through every stage of the process and fight to secure the maximum compensation available for you on a No Win No Fee basis. 

Contact us today to find out more. 

How Long Does a Work Injury Damages Claim Take?

One of the most common questions we hear is: “How long does a WID claim take?” The answer depends on various factors, but on average, a work injury damages claim takes around 1.5 to 2 years to resolve.

If your injuries are severe and require multiple surgeries, your claim may take longer than 2 years however. This is because your medical condition must reach maximum medical improvement before a permanent impairment assessment can be made.

Each case is unique, and the timeline can vary based on the complexity of the claim and the negotiation process. Our work injury damages lawyers can provide a more accurate estimate after reviewing your situation. Contact our work injury damages lawyers today for a free claim assessment so you can get a better understanding of the expected time frame for your work injury damages claim.

What Injuries Qualify For A Work Injury Damages Payout?

The most common serious injuries in Australia eligible for a common law claim include traumatic joint and amputation injuries, including but not limited to shoulder, knee, hip, elbow, back, foot, and finger injuries.

Work Injury Damages Claims FAQs