On top of your Workers Compensation Scheme claims, your employer may be further responsible for your injury or illness through negligence. This might relate to the actions of another employee, your employer, or another person. It could also be caused by mechanical failures or machines, or systems that failed to keep you safe. It might also be due to medical treatment that was not up to scratch.

The date and seriousness of the injury will be taken into account, as will the influences of other people’s actions. Work injury damages are decided based on lost income and superannuation, not suffering or medical expenses. The latter is covered by WorkCover. WorkCover legislation means that you can only sue your employer for ‘serious injury’, where you have permanent, serious disfigurement, severe mental or behavioural disturbances, serious and permanent impairment or loss of body function, or an injury that results in a 30 per cent ‘permanent impairment’.

There are legal time limits when applying for negligence claims: 

• After 20 October 1999 – you can claim negligence damages within six years of the date of injury via a complicated legal application
• Between 12 November 1997 and 19 October 1999 (inclusive) – you are covered by WorkCover and very rarely are other parties allowed to be sued
• Prior to 12 November 1997, with impairment known after this date, you have three years from the date of becoming aware of the nature/severity of your condition to start legal action, again by filling out a complicated legal document

Don’t leave your story to chance. Contact Vanessa Ash.