Workers Compensation Claims and Work Injury Damages Claims. What are they and how are they different?

24 Apr 2023

Many people think that workers compensation claims and work injury damages claims are the same.

However, they are entirely different. Below is some information describing the differences between the two.

Workers compensation claims:

Workers’ compensation is a “no-fault” system for workers who suffer injury in the workplace. An injured worker may be entitled to access defined statutory benefits under the workers compensation scheme.

A worker can make a claim without establishing that the employer or another person was negligent in causing the worker’s injury.

A worker may also seek lump sum entitlements for any permanent impairment arising from an accident. A claim for lump sum entitlements is usually made after the workers condition has stabilized. Only one claim for lump sum entitlements can be made and the worker must meet an impairment threshold of greater than 10% whole-person impairment for physical injuries, or at least 15% whole-person impairment for primary psychological injuries.

A lump sum claim does not affect any entitlement for weekly compensation benefits or medical and related treatment expenses. However, these benefits may be affected for other reasons.

Work Injury Damages claims:

A Work Injury Damages claim can usually be made when a worker suffers injury as a result of the negligence of an employer.

An entitlement to claim Work Injury Damages in NSW requires:

1. Establishing the injured worker has at least 15% whole-person impairment; and
2. Proving negligence (fault) against the employer.

Damages are limited to economic loss which includes past loss of wages and superannuation and future diminution or depravation of earning capacity and superannuation.

No damages are available for pain and suffering.

A settlement or court judgment of a Work Injury Damages claim will conclude all rights to workers compensation. This means that no further workers’ compensation benefits will be payable once the matter has been resolved.

Contact the professionals:

No matter whether you want to apply for a workers compensation claim or a Work Injury Damages claim, the law is quite difficult to navigate and has many challenges. Frisina Lawyers can guide you through all the legal requirements. Contact us on 02 9602 4999 for an obligation-free assessment of your workers compensation claim or your Work Injury Damages claim.

Free Consultation