Common law claims thousands of dollars awarded

Common law or negligence claimsCommon law claims advice Australian Injury Helpline

Negligence occurs when an accident or injury, could have been prevented. It can be difficult to prove negligence and it certainly isn’t as black and white as you would think.

Many victims even think that they were to blame for the accident because they were ‘tired’ or not ‘focused’ on the job. But really, it’s not up to us to determine whether or not negligence is present. Finding negligence is the job of a legal professional or lawyer. All facts need to be considered and the right questions need to be asked and answered to find the truth.

There is also contributory negligence. Contributory negligence is when an injured person was partially responsible for the workplace injury. For example, if he or she forgot to wear safety clothing, but the workplace was hazardous.

Here is a common law case example;

Worker A was told to cut grass in a field. Another worker, Worker B was supposed to inspect the area for any items that needed to be cleared prior to the grass being cut. It wasn’t and as a result Worker A went to cut the grass and drove over a gas bottle causing an explosion. The explosion caused extensive injuries to his body including severe burns that would affect his skin for the rest of his life. As a result he would have stay out of the sun, wear special protective clothing and his life would never be the same again.

This type of injury causes a huge amount of pain and suffering. Firstly in a physical sense and then there are the emotions that are affected too. These unfortunate experiences can have an impact on relationships and they are greatly affected.

In addition there are also the financial strains upon an injured victim and their family when a household income is affected.

While a common law claim may take longer to settle, it also takes into account future economic losses and expenses following your injury. It also awards you for pain and suffering. It also gives injured victims a sense of closure and some level of justice. When an employer accepts they were negligent, a victim can move on knowing that justice has been served. It also means that the employer may improve working conditions or take greater care of their workers in the future, which is something positive to come out of it.

It is wise to never accept an offer or a lump sum from an insurer i.e. WorkCover unless you have spoken to a member of the Australian Injury Helpline by calling 1300 006 766. The Australian injury Helpline will arrange professional specialist advice from a lawyer if required.

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