A "worker" who suffers an "injury" arising out of or in the course of employment may be entitled to compensation.

A workplace injury can include:

• Gradual process injuries;
• Stress/anxiety injuries:
• Industrial Deafness;
• Diseases contracted in the course of employment*;
• A recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease*;
• Heart attack or stroke injury*

*where work has been a significant contributing factor

A worker who sustains a workplace injury may have a statutory entitlement to compensation pursuant to WorkCover no fault scheme and common law damages where serious injury and negligence can be established.

Workcover

WorkCover is a "no fault" statutory workers compensation scheme which provides an entitlement to:

(a) Weekly payments;

(b) Medical and like expenses;

(c) A lump sum payment for permanent impairment.

Common Law

A worker who suffers an injury in the course of their employment may have a right to bring a Common Law claim for damages. Any Common Law claim must be commenced within six years of the date of the event given rise to the injury. To bring a common law claim for damages a worker must establish:

1. There was negligence on behalf of the employer (or some 3rd party); and
2. The worker has suffered a "serious injury".

A damages claim seeks compensation for:

1. Pain and suffering and loss of enjoyment of life; and
2. Economic loss past, present and future.

Negligence will usually fall within one (or more) of three categories:

1. An unsafe system of work;
2. Unsafe or defective equipment/workplace;
3. Careless or unsafe actions or practices of fellow workers.

"Serious injury" is defined as follows:

1. An impairment of 30% or more pursuant to the American Medical Association Guide to Permanent Impairment ("deemed serious injury"); or
2. Pursuant to the narrative test ("the narrative test").

You should contact Brown McComish Solicitors without delay if you have been injured at work as it is important to act promptly.