Work Injury Damages Claim

Work Injury Damages Claim

A work injury damages claim is a common law action available to an injured worker if their injury arises as a result of the negligence of the employer which has resulted in a significant degree of permanent impairment. Strict time limits also apply. Firths are the experts in work injury damages claims so contact us now for a free claim assessment, it won’t cost you anything, so what do you have to lose?

Who can claim Work Injury Damages?

If you’re injured on the job, you may be entitled to make a work injury damages claim in addition to your workers compensation claim.

Work injury damages claims are different to workers compensation as you must establish that the injury was caused by the negligence of your employer, which resulted in a significant degree of whole person impairment (WPI).

Employer negligence can take many forms. Employers are required to ensure that employees are provided with adequate training, mechanical and physical assistance to perform their required duties as well as providing a safe place to work. A breach of any of these obligations may constitute negligence on the part of your employer.

What is whole person impairment (WPI)?

Whole person impairment is a measure of the degree of impairment you have suffered as a result of your injury. It must be assessed by a medical specialist.

To undergo an assessment, your injury must have reached maximum medical improvement, meaning your condition has 'stabilised' and is unlikely to change substantially in the next year with or without treatment. Once you've undergone this assessment, the specialist will inform you of your WPI assessment percentage.

A Whole Person Impairment assessment determines the amount of lump sum compensation you're entitled to. To make a work injury damages claim in NSW you must have a WPI of 15% or greater. 

If you are uncertian of your WPI or haven't been provided one yet, call Firths on 1800 631 888 to discuss your options. It's free and confidential.

What can be claimed?

If you are eligible to make a work injury damages claim, benefits may include:

  • Past wage loss;
  • Future economic loss;
  • Past and future loss of Superannuation entitlements;
  • Recovery of tax paid on weekly compensation benefits paid by the insurer.

How do I make a work injury damages claim?

If you’ve been injured at work call Firths specialist compensation lawyers on 1800 631 888 for a no-obligation free claim assessment. Our expert workers compensation lawyers will evaluate your claim and if you have a work injury damages claim worth fighting for, they will provide a fixed fee quote and will act on a no win no fee basis.

What do you have to lose? It’s free legal advice that could potentially make all the difference to your life.



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