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Negligence Claim Requirements

There are two requirements in order to make a claim for negligence against your employer.

Negligence

Negligence is a legal concept which must be satisfied in order for you to be successful. It usually requires one of two things in relation to your employer being:

  1. The employer failed to do something they should have, or
  2. The employer did something which they should not have done.

Negligence is a very difficult aspect of the claim and requires a Solicitor to consider those issues before determining whether a work-injury damages case is available. Sometimes negligence may involve not only the employer but other people or companies and in some circumstances liability may be shared between different people.
You will need a Solicitor to look at the issue of negligence before a work-injury damages claim can be made as what may appear to you to be a straight forward issue may not be the case according to the law.
For further information regarding negligence contact your Solicitor, Workcover or ISN.

The Threshold

The second requirement is to reach a certain level of disability before you can proceed with a claim for negligence. The law requires that you proceed with your lump sum claim first before commencing a work injury damages claim. Click here to read the section regarding lump sum compensation.
In order to proceed with a work injury damages claim you must reach a 15% whole person impairment. You can reach the threshold based on a physical injury or primary psychological injury. Primary psychological injury is where the injury arises directly as a result of the incident rather than secondary or subsequent to the effects of a physical injury. You cannot however add a physical injury to a psychological injury.
The process requires that you have completed your claim for lump sum compensation before you can proceed with a work-injury damages claim. This means that the insurer has agreed, or you have been assessed by an independent doctor as having a whole person impairment of 15% or more and that the insurer has also agreed or has been ordered to pay you an additional amount for pain and suffering.
For further information regarding the threshold contact your Solicitor, Workcover or ISN.

Further Reading

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