Workers who receive a work injury in Australia and suffer ongoing medical issues may be entitled to compensation for the damages. Damages in these situations are different as they cover both past and future losses resulting from the initial work incident.
When someone is injured at work, they can file a claim for work injury damages with the assistance of a reputed personal injury lawyer, such as https://www.lawadvice.com.au/legal-services/work-injury-damages.
Here’s what you must know about filing such a claim.
How Do Work Injury Damages Work?
There are two main types of damages people can seek when filing a worker’s compensation claim: death benefits and actual or compensatory damages. Actual or compensatory damages cover all types of losses resulting from your workplace injury, including medical bills, lost wages, and pain and suffering.
The goal of all lawsuits is to recover actual damages for your injury. This process can be complicated because it can span over months or years, depending on how far you are willing to take the case. The first step in collecting work injury damages is proving that you have a valid claim. This step requires establishing that your employer was at fault for your injuries. An expert lawyer can help prepare a strong case for you to get your claim.
What Is Required to File a Work Injury Damages Claim?
Worker’s compensation claims are strictly regulated by state laws which outline exactly what must be included in the documents filed with the court before you seek damages. These requirements differ slightly from state to state but generally include information like:
- Evidence of employment, including start and end dates, job title, and employer’s contact information
- Whether you were full-time or part-time
- Formal notice of injury was given to your employer
- A doctor’s diagnosis of the work injury and any prognosis for future medical issues regarding the injury
- Your current medical treatment and any anticipated future treatment
What Else Is Necessary?
Proof that you have a case against your employer will be necessary for filing a work injury damages claim. This proof should include evidence that demonstrates that your employer breached their duty of care toward you. If this evidence is not included in your initial claim, it must be provided before a judge can consider awarding damages.
Working with an experienced personal injury lawyer can help ensure every aspect of your worker’s compensation claim meets all requirements. If your work injury damages claim gets successful, you will receive compensation for all of your past and future medical costs.
How Can You Find a Workplace Injury Lawyer?
Most states require that workers involved in workplace injuries file suit within a certain amount of time after the incident occurred. Contact an attorney near you today to find out more about this timeframe as it applies to your case.
A lawyer will review the specifics of your case and help determine if filing claims for worker’s compensation or work injury damages is right for you. Also, they can help you prepare your claim and file it in court.