Work related accidents are very common, and the compensation system in New South Wales relating to injuries which are caused at work is highly specialised.
New legislation commenced in 2002 which affect the entitlement of claimants who were injured at work. Most claims are dealt with in the Workers Compensation Commission of NSW, and many claims are resolved quickly and inexpensively. Typically, clients will claim weekly benefits for loss of wages, ongoing medical expenses and lump sum benefits including pain and suffering damages to those who have suffered from more serious injuries.
If there is a dispute in relation to the assessment of injuries, claims are referred to an Approved Medical Specialist (AMS), being a specially qualified doctor who has powers to assess injuries and provide a binding opinion in relation to whole person impairment. Reviews of the AMS are made only in exceptional circumstances. Clients need to be appraised of the relevant issues that will be explored when determining medical assessment, and we will advise you of the intricacies that will maximise your entitlement to proper compensation in your case.
Work Injury Damages claims
In some cases, clients may be entitled to substantial damages known as Work Injury Damages at Court, if the accident was caused by the negligence of the employer. The present system only allows for workers to seek damages from Court, to deal with payment of loss of earnings since the date of the accident and for the rest of your working life. Your claim would firstly need to exhaust all avenues with the Workers Compensation Commission prior to going to Court. Clients would also need to exceed certain thresholds and meet other criteria in order to qualify for these damages, which would bring your claim to finality.
At Bellissimo Lawyers, we will look closely at every work related compensation claim to determine whether you are entitled to make a claim for significant damages at Court, and while every case is different, our focus will be on what is best for you.
Work Injuries caused by Third Parties
There is also a separate category of claim, being clients who are hired and remunerated, for example by an employment agency, but work for a different entity, whose negligence caused injury to you. If you fall under this category, you are entitled to make a claim for further damages in Court, under a totally different set of laws. These legal rights are potentially the most lucrative to clients. We will of course carefully check your personal circumstances to see if you are entitled to make a claim of this type.
As our client, you are entitled to know the real deal, to know where you stand, and this is vital in your difficult circumstances. We will not promise you the world, but we will get you what’s yours under the law. We will be your voice.
For more information, speak to your lawyer at Bellissimo Lawyers.
Visit Bellissimo Compensation Lawyers Facebook page with more information and updates.