Injury compensation such as work cover claims offer all the standard statutory benefits including PAST loss or earnings and reimburses you for PAST out of pocket expenses such as hospital and medical expenses, rehabilitation expenses and for expenses that may include travelling to receive treatment.
However, in addition to work compensation there may be another type of injury compensation available to you known as a common law claim or negligence claim which awards injury compensation that also looks at FUTURE losses.
A common law claim can be awarded as a separate injury compensation claim
When there has been negligence and a duty of care was owed but breached resulting in workplace injuries or Workplace Accidents of a permanent nature.
Negligence is doing, or failing to do something that a reasonable person would, or would not, do in a certain situation and which causes another person damage, injury or loss as a result.
In some States, in order to claim under common law it is important to have never received an offer of a lump sum payment i.e. from work cover. It is very important to check before signing as in some States, once an offer of injury compensation has been accepted your rights to a common law claim may be lost. This is the reason why it’s very important to call the Australian injury helpline on 1300 430 834 who will give you the facts and information that may be valuable to you.
Injury compensation such as a common law claim may require the services of a legal professional. If you require a law firm to represent you it is best to only consider a recommended one. A good lawyer needs to have;
• An honest and fair work ethic
• The right expertise
• Knowledge of the law in the State or Territory where the injury happened
• Excellent negotiating skills so they can settle successfully
• A personalised service so you don’t become a number
• A reasonable number of employees so your case can be financed on a ‘no win no fee’ agreement
There are all sorts of Law firms out there who practice injury compensation but you need to beware as some may not be everything they seem. In many cases cost agreements can be misleading and you may not know how much they will charge you for their services.
Only engaging a law firm that is recommended and reputable is recommended. You can call the Australian Injury Helpline on 1300 430 834and will connect you with a good law firm who is not so big that you are just a number and not too small so you they cannot finance the cost of running your file.