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Workplace Injury Damages Claim

Our Commitment to Addressing Workplace Injury

There are Instances whereby an employee working for an organisation, a business, or another person would sustain an injury due to the employer’s failure to take care of his duty. These injuries can be quite serious and even, in some cases, life-threatening. If, as an employee, you encounter or sustain an injury that causes you about 15% of body impairment or greater as expressly stated by the Workers Compensation Act, then you would have a rightful claim to a lump sum for losses occasioned due to your employer’s negligence. The claim has a high chance of success when you can prove that the injury or harm sustained due to your employer’s failure to take care of his duty. Some instances where the employer’s negligence is apparent include the following:

  • Refusal to make available a conducive environment and safe working conditions for employees. e.g., clothes, location, protective gears etc.
  • Refusal to properly train and equip employees to ensure they are fit and capable of doing the work.
  • Giving room for too much and continuous heavy lifting without adequate assistance or supervision
  • Making you perform in an unsafe location like slippery areas, inadequate supervision, etc.
  • Sustaining score psychiatric illness as a result of poor working conditions.

Suppose you have encountered a significant level of harm and have been evaluated as sustaining nothing less than 15% impairment. In that case, you may be entitled to compensation under a claim for workplace injury damages and negligence. Noteworthy, the compensation you get comes to an end once you receive the lump sum.

Negligence Claims Against Parties Asides Your Employer.

It is deemed crucial that advancing a case of negligence against a party aside from your employer after sustaining a work accident; you may be able to do so. In most cases, third parties being sued here refers to construction workers, independent contractors, or a group of persons solely responsible for the accident.

In these instances, your employer may not be negligent, but the work injury sustained was caused by someone else or another company. If this is the case, you probably have a more elaborate claim as you stand a higher chance of success. You get to win not just money for salary loss, but also superannuation loss, your outstanding and ongoing medical bills are also covered, personal needs, home care needs, and more interestingly, you will be able to make a claim for suffering and pain, which you possibly couldn’t have achieved under a claim suing your employer.

You should note that if you are successful in a claim against the third party, you would have to pay back any form of worker compensation you previously received from your employer or insurance company at any point preceding the action.

At 11th Floor, we are a law firm highly skilled in personal injury law. We are the best at what we do, and over time, we have consistently delivered qualitative services that have stood us out from our competitors.

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