Workers most at risk of injury and common workplace injuries

May 4, 2015 By

work injuries occupations most at riskSuffering injury at work can be quite frightening experience and it can happen to anyone. A serious injury may result in unemployment and can have a serious impact on a family in many ways and can affect a family financially. If you have suffered an injury and need quick independent advice, call: 1800 006 766.

There are many different types of injuries that can occur in the workplace but who is the most at risk?

It’s no surprise that physical jobs are high on the list. Labourers run the highest risk with the highest incidence rates of serious injury. Production workers, transport workers are also considered high risk as well as trades persons.

The most common work-related injuries are sprains and strains which accounts for 42% of serious workers’ compensation claims according to the Key Work and Health and Safety Statistics Australia 2014 report by Safe Work Australia. Diseases too were a big factor but in many cases it is difficult to link the disease directly to the workplace. There were several hundred deaths by Mesothelioma a disease caused by exposure to asbestos.

The report also looks at injury rates by industry. The agriculture, forestry and fishing industries had the highest incidence rate of serious injury for many years. Second to that was manufacturing and transport.

Getting the right advice early on will help injured workers become more aware of their legal options following an injury. If an injury has put a person out of work what about those lost future earnings? What about the lost Superannuation? These have been taken away because of the injury and need to be considered when negotiating and settling a claim for injury compensation.

A law firm or independent lawyer may be worth their weight in gold if you have suffered a permanent or serious injury and when someone has been negligent. You may receive a much larger lump sum payout that does consider future economic losses as well as all the past and present out of pocket expenses and losses.

Contact Work Compensation an independent helpline today and ask all the questions you need to. You can get the forms you need, a free case review, fact sheets and general information. The service is free to use call: 1800 006 766 sooner rather than later as strict time limits apply.

If you need legal advice Work Compensation will arrange this for you with a recommended lawyer who specialises in the right area of law; personal injury law.

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Fighting to get an injury claim settlement along with all your entitlements

March 31, 2015 By

fall workplace accidentSometimes when we suffer an injury we can be more vulnerable than normal. The last thing we feel like doing is reporting the incident, filling out claim paperwork and making phone calls explaining how the injury occurred and why we should receive compensation. One important thing to remember is that you don’t have to go it alone and feel the stress on top of the pain and discomfort of your injury. Dealing with the aftermath of an accident or injury can be quite overwhelming.

To make things a bit easier, you or a relative can call an independent helpline who will provide free information, send out forms and arrange free legal advice if required. Call 1800 006 766 for free support today. One call may help you in many ways and you can get all your questions answered.

It is really important to write down everything you can remember about the events leading up to your injury. If there has been negligence from any party then that negligence must be clearly proven in order to receive injury compensation under common law.

It’s all too easy to forget things and so keeping all the details written down early on as over time it can be easy to forget. Gathering as much as you can like photos, statements and other written information will help support your claim.

It is not your job to prove negligence as that is the job of a lawyer. However, if you can gather as much information as you can to support your claim this will help you a great deal and will help the lawyer too.

Never assume an accident is your fault or partly your fault you might be completely wrong. Sometimes there are things occurring behind the scenes that you do not know about like a previous similar incident caused by the same reasons. It is the job of an employer to make sure injuries are prevented wherever possible. If your injury could have been prevented in any way, someone was likely to be negligent.

Negligence is an area of the law that is very complex and a lawyer will ask all the right questions to find out if your injury could have been prevented in any way. If an injury was preventable then you may be entitled to a common law injury compensation claim. This is a separate claim oufall workplace accidenttside of statutory work compensation entitlements and may be worth much more to you. Strict time limits do apply so contacting a work compensation helpline sooner rather than later is recommended.

Get the advice you need today call 1800 006 766 for free advice today.

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What to do if WorkCover cuts off your work compensation

January 28, 2015 By

Copy of work comp home slider 950x270If you have been receiving WorkCover benefits for a work related injury then your injury may be serious or permanent.

When an injury happens at work your employer fills out the necessary paperwork to the work compensation insurer I.e. WorkCover. Work cover will assign an officer to you and monitor your progress. Their priority is to support your rehabilitation and get you back to work.

In the cases of serious injuries it can take time to settle. When an injury has settled it means it is unlikely to get any better or any worse. At this point WorkCover will send you to s doctor to have the permanent injury measured. The doctor will make a recommendation as to what they believe the level of impairment is. They suggest this by way of percentage I.e. The left leg is impaired by 15%. Once the doctor’s report is received they may cut off your Work Cover payments. You may be offered a lump sum payment based on the level of impairment and you might think it’s a good deal. At this point it is vital you get the right advice from a work compensation helpline who can talk you through some legal options. Call: 1800 006 766 for free advice today.

In some States and Territories you may have to request or arrange a medical legal assessment yourself and if you do have a permanent impairment you really should get legal advice regarding your entitlements and the appropriate procedures to make sure your receive an appropriate lump sum payout.

You may either accept the offer of a lump sum payment or you can proceed to common law for a lump sum payment that could be worth much more to you. You will need to reject the offer to proceed with a common law work compensation claim.

If you reject the offer, the upside is you will most likely get a much better payout. The downside is your WorkCover benefits (or other work compensation benefits) are cut off and you may have to take up CentreLink benefits until you are awarded you’d claim for work injury compensation.

Always seem the advice of a work compensation helpline of a work cover lawyer before you accept or reject an offer of a lump sum payment. Accepting an offer may mean you sign away your rights to a further claim and it is extremely important you get advice at this stage. You may be signing away your right to a common law or negligence claim and this could be detrimental.

Always get the right advice so you can make the right decisions. You don’t have to understand the law but you need to understand how the law relates to your situation. Get the right work compensation advice today as strict time limits do apply. Call: 1800 006 766 for free advice today.

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How a work place injury can affect your life and how work injury compensation can really help you on your path into a new future

January 2, 2015 By

work injury work compExperiencing a work place injury can have terrible consequences not just for you but a work injury also affects your family and friends and also may affect your finances in a huge way. Seeking a claim for injury compensation is recommended and not just for this reason but many others some of which are discussed in this article.

If you are in two minds about whether or not to pursue a work injury compensation claim this article may open your eyes as to why making a claim not only makes a difference to you can also make a difference in other peoples’ lives too including your work mates.

Why should you be compensated?

Work Compensation is your legal right and your employer has work compensation insurance as it is a legal requirement. When you take the matter further and seek a common law claim for work compensation, it is important to remember that the insurance company i.e. Work Cover pay the claim and it doesn’t come out of your employers’ pocket. Many people are unaware of this and so they are scared to take the matter further.

An injury can put you out of work for a long time and compensation should take the lost income and Super into account when awarding a lump sum payment. It is important to consult a lawyer or injury helpline before accepting an offer.

It might be hard to think about the future and a lawyer can assist you with calculating future foreseeable losses and expenses and this includes any wages, salary or Superannuation you might miss out on because of your changed circumstances due to injuries.

Injury compensation aims to reimburse a person for all expenses and losses and put a person back in the same financial position prior to the accident. This includes what wages or salary or possible bonuses you would have received over a course of time.

Why should someone take responsibility?

When a common law work compensation claim is settled it can bring a painful situation to a close and help you move on with your life. Also, the employer would have learned (we would hope) how to take better care of their employees through the prevention of further accidents of injuries occurring.

A work injury compensation payout that considers future economic losses can help you adapt to living your life with injuries. You may be able to modify your home of vehicle to suit your needs amongst other things.

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The pain of Work Compensation and is time running out for an injury compensation claim

December 9, 2014 By

There are many things that people don’t know about work compensation. Subjects like work compensation for work place injuries don’t get talked about enough and knowledge and awareness is limited unless you happen to know of someone close to you who has been through such an experience.fall workplace accident

The journey is a painful one in many ways. Often the physical pain is accompanied by emotional turmoil and a person’s injuries may have a ripple effect on the entire family. Not being able to carry out everyday tasks like working, cooking dinner, shopping or looking after children may become a challenging or difficult task and some injured workers are unable to carry out such tasks. This inability to continue life as normal can often send injured workers into a downward spiral affecting them psychologically. Debilitating injuries can also have a negative impact on relationships.

Grieving a life you once had is only just the beginning. Dealing with being on work compensation can also be a difficult experience particularly when your pay is reduced to half and when you are cut off completely. Often an injured worker is offered a lump sum payment for a permanent injury and because of the financial struggle they are inclined to take it. When a lump sum payment is accepted it may mean the end to any further rights to claim. The amount offered my not consider any future economic losses and might be a lot less than that to which you are legally entitled to.

It is wise to NEVER accept a lump sum payment until you have spoken to a Work compensation helpline or an independent lawyer. If you are entitled to much more in work compensation then you can find out there and then by getting a second opinion. A lump sum offered by a work compensation insurer might sound good but there is a good chance it will not be everything to which you are entitled to.

Get the right information and find out your rights and entitlements to work injury compensation by seeking the knowledge that may put you in a much better position. The purpose of injury compensation is to put a person back in the same financial position that they were in prior to the accident. Compensation is a persona legal right. The severity of an injury and where an injury took place will impact a person’s work compensation payout.

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Do lawyers need to be involved following a work accident?

July 31, 2014 By

If you have suffered in a work accident having endured work injuries or perhaps been involved in a car accident on the way to or from work, you may be entitled to injury compensation. Depending on your specific circumstances you may or may not require the services of a lawyer. Call: 1800 006 766 for free advice today.fall workplace accident

Many of the people who contact the Work Compensation helpline have suffered an injury at work that has become ‘permanent’ or ‘debilitating’. In many cases, the work injuries have occurred as a result of someone else’s negligence. Negligence is a complex area and often only a lawyer can clearly determine who was negligent in situations of accidents as many factors need to be taken into account. Negligence can sometimes be shared between parties i.e. a worker and employer may be partly to blame for an accident occurring. If you have suffered and injury it is important to get advice even if you feel the accident was your fault. A lawyer can ask all the right questions to get a clear picture of where the workplace negligence lies if at all.

There are statutory entitlements and non-statutory entitlements. Non statutory entitlements are usually available outside of standard work compensation and the services of a lawyer are recommended in such cases.

The benefits of lawyers

When an injury is permanent, you may need to recover losses. This isn’t just referring to out of pocket expenses, it may also refer to future economic losses if the work accident has affected future earning capacity. For example, if a worker is unable to return to work following a work accident they may not be able to earn the same income again. The work injuries have affected the workers future income and this is considered a future economic loss.

If you have suffered a work accident and are unsure of your rights and entitlements to compensation contact Work Compensation and obtain free information, forms and advice that may benefit you and help you understand your rights, the law and where you stand legally.

No win no fee services

A reputable lawyer would never take on your claim if it wasn’t in your best interest to do so. An injury helpline can recommend the right lawyer who will give you up front honest and practical advice. Taking a case on a no win no fee basis means you can engage the services of a lawyer and at a low risk to you. Be careful of any no win no fee services agreements and understand everything carefully before accepting their no win no fee offer. A work mpensation helpline can assist you in this regard. Call 1800 006 766 for independent advice today.

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Work injuries suffering in silence will not bring work compensation

February 15, 2013 By

When a work injury occurs, it affects the injured worker on a number of levels; financially, socially and mentally.

Injuries which are debilitating or permanent can impact a person’s life in unexpected ways causing upset and turmoil for themselves and those closest to them.

If you have been involved in a work accident and would like to speak to an injury helpline call: 1800 006 766 for information, forms and free advice.

1.      Financially

If you cannot return to work for a period of time, you will be entitled to work compensation benefits. Work compensation is a compulsory insurance scheme in place for employers. When work accidents have occurred and a worker has been injured, the insurance company pay wages or salaries when an employee is away recovering. Your employer does not pay you while you are away, the work compensation insurer i.e. Work Cover does.

If your injury is serious, you may not be able to return to work. In this case the work compensation insurer will have you attend a medical review to indicate the severity of the workplace injuries sustained. After a percentage of severity or impairment has been determined you may be offered a lump sum payment. This lump sum payment will cover your losses and expenses to date. It is very important to obtain legal advice before accepting a lump sum payment. Once you have accepted this may be the end of yourclaim and an end to common law rights.

2.       Fear and anxiety

Not knowing how your injury will develop and if you will ever properly heal, can be extremely stressful. It is very important to keep in touch with your doctor and medical specialists and follow their expert guidance toward rehabilitation. Your health is the most important thing and should be a primary focus.

Anxiety can also arise regarding finances. Alleviate the fear and anxiety by contacting an injury helpline who can explain to you how injury compensation works further along the track.

You might be anxious about what your employer or your colleagues are thinking. You may worry they won’t believe you or think you are skiving off. These thoughts are negative and will not help you in any way. Let them go and focus on you and what is best for you. After all it is you who’s been injured and not them. They have no idea what you are going through.

3.       Preventable injuries and your rights

If an employer has been negligent or careless your injury may have been preventable. This is a horrendous situation and can cause a lot of anger and despair. It is disappointing when the standard of care and safety falls short.  Employers have a great responsibility to ensure a duty of careand workplace health and safety.

If an employer has been negligent don’t despair. Contact an injury helpline such as the Australian Injury Helpline for free advice, forms and support. They will arrange free legal advice if required or call 1800 006 766.

If you suffer an injury as a result of negligence, you may be entitled to a negligence claim. A negligence claimor common law claim is also known as a common law claim. This type of claim is available outside of the relevant work compensation scheme and you will require the services of a worker compensation solicitor.

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Is the word ‘Sorry’ better than a Work compensation Lump Sum?

January 10, 2013 By

When work accidents occur, is the word ‘Sorry’ better than a Work compensation Lump Sum? The answer is no. A sorry won’t pay the bills or supplement lost income. A sorry won’t put your life back to the way it was or put you back in the same financial position you were in prior to the work accident.

A workplace injury can leave you with permanent scars, physical disabilities or psychological trauma. A work injury can turn lives upside down. For further information, forms or advice call 1800 006 766.

It hurts when you’ve been let down, disappointed that there wasn’t better care to ensure your safety. Saying sorry doesn’t change the fact; your life may change forever.

A workplace injury can affect you in a number of ways. Through work rehabilitation one would hope you are able to return to work and continue working in the same job. In many cases this isn’t so. Some workers are unable to return to work at all. Others are unable to carry out the same duties and their responsibilities need to change to accommodate the injuries.

When it comes to worker compensation it is essential you get legal advice. The worker compensation insurance company for example Work Cover may not tell you everything you need to know. If there has been negligence they don’t exactly want you to pursue a common law claim. In fact they would rather you didn’t.

Common law claims are awarded in the form of a lump sum payment for permanent injuries resulting from negligence.  Negligence is a rather grey area and one that requires a professional legal viewpoint. Even if you believe the work accident was your own fault, you may still have rights if the employer had not shown an expected duty of care. Negligence is determined by a lawyer. The Work Compensation Helpline can connect you with a lawyer and the law firms we work with take cases on a no win no fee basis.

When it comes to work compensation you really must be informed and get connected with the right organisation. The Australian Injury Helpline do a remarkable job assisting those who have been injured at work, on the road or in a public place. Their services include: free information and claim forms and they will connect you with professional solicitors who provide all helpline callers with free legal advice and a free case review.

When it comes to worker compensation it is important to know your options and where you stand in terms of rights and entitlements to work compensation benefits.

Remember strict time limits apply so be in the know today by contacting an injury helpline. Be informed, get connected – it’s free. Call 1800 006 766 or click here to contact us.

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Maximising Work Compensation with a No-Win-No-Fee lawyer!

July 12, 2012 By

Workplace accidents can occur due to a number of reasons. Causes may include overtiredness, unsafe or hazardous working conditions or staff not being equipped with the proper training or unaware of employee guidelines. work compensation no win no fee lawyer

In these cases the employer could be considered negligent. As an injured worker you are entitled to work compensation. Even if you have suffered a slip and fall or car accident on the way to work, you may still be entitled to claim. To find out your entitlements call 1800 006 766. Strict time limits apply so make contact as soon as possible after a workplace injury.

The severity of your injury will influence the size of your injury claim. Even if you don’t think your injury is serious, a compensation lawyer will give you an idea of your legal entitlements. Work compensation benefits may be past, present and future losses. A work compensation lawyer will guide you through the entire process and you will be aware of your options every step of the way.

Fighting for your work compensation rights!

A lawyer or law firm will fight your workers compensation claim to make sure you are awarded sufficiently.

Quite often, work accidents at are not caused by an employers’ negligence but by a fellow worker. If another employee has caused your workplace accident the employer could still be deemed negligent. Employees have to be properly trained and supervised and if they are not an employer could be perceived as negligent.

If you or anyone you know has suffered work injuries you may be entitled to thousands of dollars in compensation. A no win no fee lawyer can talk you through your options.

A no-win-no-fee lawyer won’t charge any up-front or ongoing costs. Fees are only payable at the end of the claim and only if your claim is successful. All expenses incurred through processing your claim, are covered by the lawyer or law firm appointed. In some States legal costs are paid in addition to compensation, either way you will be better off with a lawyer acting on your behalf.

A no-win-no-fee work compensation lawyer, will obtain the maximum compensation in the form of a lump sum as quickly as possible. In most cases work compensation claims are settled out of court, negotiated directly by the lawyer with the work compensation insurer concerned i.e. Work Cover.

Initially your case will be fully reviewed as every case is unique and assessed individually. You will be advised of your options and chances of winning your claim successfully. A no win no fee lawyer will indicate what injury compensation you are entitled to so you know what you are likely to receive.

It is wise to contact an independent injury helpline for information on work compensation rights following a work accident. Dealing with the insurance company directly is not always recommended as they look after their own interests.

If your injury is permanent and was preventable, you may be entitled to a negligence claim (or common law claim). If this is the case you will require the services of a no-win-no-fee lawyer.

It can be a struggle to find the right lawyer. All lawyers specialise in different areas of the law and in specific States or Territories across Australia. An national injury helpline such as the Australian Injury Helpline select local lawyers to work with who will treat people fairly and respectfully and get the best possible result for you.

A good no-win-no-fee lawyer will not take on your claim under a no-win-no-fee arrangement unless they believe you will win a sizeable lump sum. A no-win-no-fee compensation lawyer will know your entitlements under the State laws. Call 1800 006 766 for further information and a free case review today.

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Work Accidents preventable by Anger Management and a Safe Working Environment

June 18, 2012 By

Anger in the workplace can lead to all sorts of issues. If an anger issue is against the employer, this can impact all areas of the business. Through identifying anger in the workplace, problems such as angry workers or angry bosses can potentially be resolved through using anger management techniques.

Is your boss angry?

What are the usual signs of an angry boss? If he or she shouts or screams or is generally negative then they may be suffering from a serious case of frustration driven anger.

An angry boss who bullies workers is a serious matter. This management approach may affect staff psychologically and an employer could be considered negligent. A worker may qualify for work compensation. A stress claim can be tough to prove and an employers’ conduct may be investigated.

Are you an angry worker?

Are you angry each day when you wake up to go to work? If you are, you may be suffering from suppressed anger, which may erupt at any time when triggered. Everyday anger proves there is a problem and anger management can assist in overcoming regular expressions of anger. Getting to the root of the problem is a technique forming part of the program.

Identifying types of anger at work

Angry staff can contribute to the overall ‘energy’ and culture of a workplace. Notoriously the most productive staff are ‘happy’ staff or at least content. Being satisfied with their environment, colleagues, job to do and payment received, are all important factors.

Feeling safe at work is also extremely important as feeling unsafe can cause fear, anxiety and tension in the workplace. As employers have a duty of care it is their responsibility to ensure safe working conditions. Work Compensation insurance is compulsory in Australia and an employer must have Work Compensation insurance by law. This applies to all States and Territories across Australia.

Work compensation will protect both the worker and employer. For example, if a worker is injured they require time off work to recover. In this case, the work compensation insurer (i.e. Work Cover) pays the workers’ wages whilst they are absent. The work compensation insurer may also offer benefits to workers such as hospital, medical and rehabilitation expenses and so forth.

In the cases of a serious work accident resulting in a permanent injury, the Workers Comp insurer may offer a lump sum payment. This lump sum payment may be increased further if there has been negligence. If an accident was caused as a result of an employers’ negligence or the negligence of a fellow worker, the injured worker may be entitled to a common law claim. The Workers Comp insurer will also have to pay this and not the employer.

If you have been injured or bullied at work contact us by calling 1800 006 766 today to find out your rights.

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Rejected Work Cover Claims May Still Have a Chance

April 13, 2012 By

Work compensation claims that have been rejected or disputed do not have to end there. If your claim has been rejected or disputed you are rejected and accepted work cover claimsentitled to assistance and a second opinion. A work injury helpline can assist by reviewing the facts of your work cover claim. Then a referral to an appropriate lawyerwho specialises in work cover claims will occur. Call 1800 006 766.

A lawyer may turn things around reversing the decision ensuring your claim is accepted by work cover. They cannot guarantee the success of your claim but they can fight for your rights instead. There is no need to roll over and accept a decision made by work cover. The decision to reject a claim may be due to a lack of evidence. A lawyer will prepare your claim and negotiate the best possible settlement.

You may have other entitlements you were not aware of. This may add value to your claim and an increase in compensation is a great help when you are recovering from injuries. Compensation support will assist with losses, expenses and potentially future losses and expenses in the cases of permanent workplace injuries.   Rejected Work Cover Claims May Still Have a Chance

When Work Compensation Services refer you to a law firm, they will firstly give free legal advice. Secondly, if you have a good case they may take your work compensation claim on a no win no fee basis.

No win no fee agreements with these selected and approved law firms will offer an arrangement of zero up-front costs. In addition, all costs of running your claim will be covered by the law firm. This means you have peace of mind that making a claim isn’t going to cost you anything to start with.

Fees and costs are only paid at the end of the claim and once you have received your work compensation. If these particular recommended law firms do not win your work compensation claim they will not charge you for their services. This offers further peace of mind as they are confident enough they will win your work cover claim.

Support is available; take it with both handsRejected Work Cover Claims May Still Have a Chance

When you have experienced rejection try not to fret. Help is at hand if you allow yourself a chance to take it.

One persons’ decision does not have to be the end of your work cover claim. An independent organisation can advise you of your options and a referral to a selected law firm may be able to turn things around for you making a big impact on your situation. Call 1800 006 766.

 

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Work Compensation Benefits and Avoiding the Pitfalls

February 17, 2012 By

Having an accident at work can conjure up a cocktail of emotions. As well as the stress and pain there is also the bureaucracy and the work compensation procedures to deal with.   Work compensation (or workers comp) for work accidents offer benefits to workers who have suffered an injury. These benefits are awarded by the work compensation insurer i.e. work cover. Benefits may include:

  • Loss of earnings
  • Hospital and / or medical expenses
  • Rehabilitation expenses
  • Nursing expenses
  • Travel expenses
  • Funeral expenses
  • Lump sum payment

Unfortunately, work compensation claims not be; ‘plain sailing’. Once your injury has settled work cover (or other insurer) may want to get you off their books. This effectively ends your workers comp claim. They may do this by offering a lump sum payment.

The lump sum payment offered considers current losses and expenses to date. It will not take into consideration any future losses or expenses. At this point it is very important to get independent advice from an organisation such as the Australian Injury Helpline.

Depending on your workplace injuries, you may have other compensation entitlements. If work accidents are caused by someone elses ‘negligence’ whether fully or partially, you may be entitled to a common law claim. A common law claim is separate workers comp claim only available outside of ‘work compensation’.

In one Australian State in order to move onto a common law claim, you must refuse the lump sum payment. Once accepted you will lose your right to a common law work compensation claim. In another Australian State you can move onto common law following acceptance of a lump sum payment. It is very important to get advice before accepting or rejecting a lump sum payments so your entitlements are unaffected.

Workplace injuries which cause a permanent physical impairment, is assessed by a work cover medical professional. Your injury is measured and a percentage of impairment is given by the work cover doctor.  This level of impairment is only their opinion and another doctor may offer a different assessment.

You have a right to get a second medical opinion. Never accept any offer of compensation until you have contacted an independent work compensation organisation.

You can find out all your rights and options by contacting a workers comp helpline who offer services including:

  • Free workers comp information and forms
  • Work cover information
  • A free case review
  • Free legal advice
  • Referral service to a specialist work injury lawyer

You may or may not have common law entitlements but if you do you need to follow protocol. To find out what that protocol is, seek independent advice before you agree to, or accept any offer of work compensation. Contact a free helpline such as the Australian Injury Helpline who can assist.

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Common law claims thousands of dollars awarded

January 12, 2012 By

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.

Name
Phone
Email
State or Territory of Injury
Details about your injury ?
Please provide some facts including type of injury, date of injury, place of injury and cause of injury.
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Would you snitch on a friend?

August 9, 2011 By

What would YOU do if your friend who is also a fellow worker caused an workplace accident?Workers Comp Work Injuries Dilemma

Whilst most of us would never want to snitch on a friend for fear they may be reprimanded or worse ‘sacked’ there is of course a shared duty of care shared among fellow workers. There is also the possibility you may lose them as a friend if you come forward with the truth.

However, when a worker has caused a workplace accident, the injured victim and your employer has a legal and moral right to know.

Firstly, it can affect their work compensation entitlements in a huge way. If the accident has caused a permanent injury they may be entitled to a common law claim. A common law claim (or negligence claim) is an award available outside of work compensation. It is a claim that takes into account future losses as well as past. For example, if your friend can never work again he or she may be awarded future loss of earnings under common law.

Call 1800 006 766 and You May Maximise Your Compensation Claim Ten Fold!

When a co-worker is negligent it means the permanent injury was caused by negligence. In order for a fellow worker to pursue a common law claim, negligence MUST be clearly proven for the workplace accident.

If your fellow worker who caused the accident chooses not to come forward, it may mean the injured worker gets awarded less work compensation.
A negligence claim is usually worth much more than a standard lump sum from a workers comp insurer (i.e. work cover) and can really help a person get their life back on track following a serious injury. They may have to modify their home, their car, and incur expenses such as rehabilitation and wheelchairs.

Workplace injuries or workplace accidents can have a fatal impact on a persons’ life, so if you know your colleague caused the accident don’t we have a moral obligation to do the right thing?

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