The first meeting with a lawyer can be a difficult process for some people. When it comes to a WorkCover claim, there may be many concerns or questions about a person’s legal rights if they have been injured during work.
It is very important that when seeking legal advice, the worker try their best to record or memorize the exact details of what happened, how it has affected them and where they were when the accident occurred.
Here are 3 common concerns that a potential client may have:
“Should I pursue a WorkCover claim or a common law claim?”
This answer will significantly depend on the unique merits of the person’s accident and injuries. WorkCover may compensate you for most expenses such as lost wages and medical expenses. However, it will not compensate you for common law damages such as compensation for pain and suffering from an employer’s negligence that led to the accident.
A common law claim will compensate a person for pain and suffering but it is important to speak with a trained Specialist in Personal Injury to assess all the merits of the case and determine if you have a possible claim in common law.
“I want to sue my employer for a work related injury.”
A worker must be able to prove in a common law claim that the employer was negligent in fulfilling their duty of care with their employees and breached this duty. This negligence must also be the reason that led to the accident. Some examples may be inadequate safety precautions, inadequate training, or forcing staff to use inferior equipment or comply with unsafe orders.
Under the new laws in Queensland, a worker must also satisfy the new 5% Whole Person Impairment (WPI) threshold before they can pursue a common law claim against the employer. More specifically, the employee must show evidence through a medical professional that their injuries from the accident amount to a 5% WPI.
“Is it ‘worth it’ to pursue a claim?”
The answer to this question depends on the unique merits of each individual case. Generally speaking, if a person’s work capacity is affected by their injuries, then pursuing a claim may be in their best interest.
There are many factors that come into play that lead to this answer such as entitlement to damages in pain and suffering (in common law claims), future potential income that may be lost, or other serious medical treatments needed such as surgery. Another aspect is to consider if there are any psychological injuries that significantly affect work capacity such as phobias with equipment or work conditions.
It is important to note that the worker’s best interests may not be fully represented if they only rely on their employer or their employer’s insurance company for assistance in this matter.
It is highly recommended that if you are injured in an accident, you find an Accredited Specialist in Personal Injury law that will actively pursue your claim in your best interests.The first meeting with a lawyer can be a difficult process for some people. When it comes to a WorkCover claim, there may be many concerns or questions about a person’s legal rights if they have been injured during work.