Work injury damages for workers in New South Wales

  • In NSW, a worker who is injured in the course of their employment who crosses the 15% permanent impairment threshold of injury and was injured as a result of the employer’s negligence can claim damages for past and future losses of earnings. This is known as the modified common law damages.
  • A work injury damages claim brings the worker’s rights to an end to receive weekly payments of compensation  and medical expenses.
  • If a worker has contributed to their injury he/she may be assessed with contributory negligence and that amount of negligence will be deducted from any damages award. As an example, if a worker failed to wear a hardhat on a construction site and sustained a head injury, the worker could be assessed at say 20% contributory negligence for the failure to wear the safety helmet. If damages were awarded to the injured worker in the amount of $300,000 and a finding of 20% contributory negligence, then $60,000 would be deducted from the settlement.
  • The modified common law damages claim must be commenced within three years from the date of the accident. Under the workers compensation scheme, a worker can now only bring one claim for permanent impairment. If a young worker is injured caused by the employer’s negligence and is not assessed for permanent impairment within the three years from the day of the accident, notification of the negligence claim must be provided to the employer before the expiration of the time.
  • In any workers compensation or work injury damages claim we can assist you.

Leave a Reply