What are common law damages?
An injured worker is only entitled to common law damages if they can prove their employer was legally liable for their
Damages can include payments for:
- past and future loss of income
- treatment and other expenses
- pain and suffering.
As injuries affect workers in different ways, every claim is different. We are only responsible for paying damages for the injuries sustained at work. We may learn about an injured worker’s previous similar injury. In this case we will assess what impact the work injury has had on the injured worker.
To help us assess this we will investigate the injured worker’s
medical and employment history.
In some cases we will negotiate with another party for them
to contribute to the injured worker’s damages if they are also
responsible for the worker’s injuries. Examples include:
- if the worker was working on a site where another party had control over the worker’s safety
- if the accident was caused by faulty equipment manufactured, provided or serviced by someone else.
Also, if the injured worker contributed to their own injuries, we
may be able to reduce the amount of the damages they are
entitled to receive.
