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Work Injury Damages

Work Injury Damages

Pursuing Compensation for Employer Negligence

Pursuing Compensation
for Employer Negligence

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Workplace injuries can have serious, long-term consequences, particularly in physically demanding industries like healthcare, construction and manufacturing. If these injuries occur as a result of employer negligence, workers may be entitled to compensation through Work Injury Damages claims. At Fern Lawyers, we’re here to support workers who have been injured due to unsafe work environments, and help them secure the financial compensation they deserve.

Understanding Work Injury Damages

Work Injury Damages is the term used to refer to monetary compensation awarded to workers who have suffered a workplace injury, due to their employer’s negligence. This type of compensation is distinct from standard Workers’ Compensation: in that it specifically focuses on the individual worker’s financial losses due to their injury. Workers in New South Wales are usually limited to:

Claiming for past and future wage loss

Claiming for past and future superannuation loss

However, pursuing a Work Injury Damages claim is complex legal process, and it’s essential that you have experienced legal representation, so you can not only feel confident in your claim, but be compassionately supported and well-informed throughout the process.

Navigating

Work Injury Damages
Claims

At Fern, we’re all about transparency and communication, guiding and caring for our clients through what can sometimes be a stressful and difficult time. Our goal is to ensure your all expectations are realistic, and that we carefully and clearly explain the legal process and your case to keep you fully informed at all times. It’s very important to note that Work Injury Damages also come with significant conditions:

Once a settlement is reached, the injured worker forfeits all future entitlements to Workers’ Compensation benefits: including weekly payments and medical expenses related to that injury.

Any weekly payments that have already been paid will be accounted for and adjusted out of the settlement amount.

At Fern Lawyers, we guide clients through the entire process, ensuring they understand their rights and obligations at each step.
Case Study:

Helping with

Work Injury Damages

Work Injury Damages
What happened?
In January 2018, Lina approached us with an active workers compensation claim that was currently being serviced by a larger firm. She was dissatisfied with the rate of progress in her claim, and so we quickly responded to provide a personalised, genuine service and ensure she received adequate support. Lina’s injuries were caused by ongoing actions of bullying and harassment in the workplace. Over time, she was overworked, intimidated and set up to fail.
How we helped
We assisted Lina by acting on her behalf in relation to her workplace injury claims. This included requesting detailed reports from her treating physicians to understand the nature and extent of her psychological injury, the treatment she received, and how her workplace conditions contributed to her overall condition.
Going forwards
Through ongoing advocacy, a strategic legal case plan and effective negotiation, we reached a successful resolution for Lina. Her case settled with a fantastic outcome giving her the ability to achieve closure regarding the situation and move forward in her life.
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Read more case studies

The Work Injury Damages Process

Step-by-Step:
How we run your case

Legal Advice

and Costs

It’s vitally important to seek legal advice before pursuing a Work Injury Damages claim: it’s a complex process in which the right steps need to be taken in the right order otherwise you may be prevented from commencing in Court and pursuing your case. At Fern Lawyers our Work Injury Damages claim experts are primed with the vital information you need to start the ball rolling, to help you understand your entitlements, and work with you collaboratively to fight for the best possible outcome.

Work injury damages claims often settle ‘inclusive of costs,’ which means legal costs are deducted from your settlement amount before the monies are paid to you.

Fern prides itself on operating transparently, to ensure you clearly understand how legal fees are managed.

We’ll provide you with a clear outline of potential costs, so you’ll always be aware of any and all fees. Even rare cases where a claim is unsuccessful, some workers may still be eligible to continue receiving workers compensation under the statutory scheme.

Once again, we’re here to help and we’ll always give you a realistic appraisal.

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Have questions? Want to discuss your situation with an expert who understands? Whether you prefer to call, email, or visit us in person, we’re here to listen and provide the support you need.

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Frequently asked Questions

Work Injury Damages

We’re here to help, if you have more questions or need assistance in understanding how any answers we’ve provided might apply to your unique situation, then please contact our team today.

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Am I eligible to claim Work Injury Damages?

To investigate a claim for Work Injury Damages (WID), you would first need to be assessed at having 15% or more whole person impairment. We would then need to collate evidence to prove your employer’s negligence led to your injury and ongoing economic loss. Our expert team can go through your case in detail and provide an honest assessment of your likelihood of success with a WID claim. Contact us to learn more.

How long does a Work Injury Damages Claim take?
This is very much dependent on the facts of the case, including when the whole person impairment assessment is finalised. It is also dependent on whether the matter is resolved during or before a Court hearing. Speak to our team to get an accurate estimate based on your circumstances.
How much does it cost?
We provide our legal services for Work Injury Damages cases on a ‘No Win No Fee’ basis. This means that you won’t pay any legal fees unless we successfully secure compensation for you. This allows you to seek justice without the burden of upfront costs. We are dedicated to fighting for justice for those who need it most.
What is workplace negligence?
Workplace negligence happens when an employer doesn’t provide a safe working environment. This can include not having proper safety equipment, ignoring dangers, or not providing the right training to use machinery.

Why Choose Fern Lawyers?

At Fern Lawyers, we have extensive experience helping all workers, whether they be in office environments, healthcare, construction or manufacturing, pursue Work Injury Damages Claims.

We’re compassionate, great listeners and we’re committed to helping you, because we understand that it takes real courage to stand up for your rights.

We’re particularly well-versed and passionate about seeking compensation for people who’ve worked in physically demanding industries, and we understand the challenges involved.

Our team of legal experts is ready to guide you every step of the way, ensuring your rights are protected and your voice is heard.

In short, we’re committed to securing the financial support you need to move forward with your life.
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