Am I entitled to common law damages?

You are only entitled to common law damages if you can prove your employer was legally liable for your injury.

Damages can include payments for:

• past and future lost of income
• treatment and other expenses
• pain and suffering.

As injuries affect people in different ways, every claim is different. WorkCover is only responsible for paying damages for the injuries sustained at work. We may learn you have had a previous similar injury. In this case, we will assess what what impact the work injuy has had on you.

To help us assess this, we will investigate your medical employment history. We might request information from:

• your treating medical providers
• Centrelink, if you have claimed benefits
• previous employers
• other insurers.

In some cases, we will negotiate with another party for them to contribute to your damages if they are also responsible for your injuries. This can include:

• if you were working on a site where another party had control over your safety
• if the accident was caused by faulty equipment manufactured, provided or serviced by someone else.

Also, if you contributed to your own injuries, e.g., by not following safety instructions, the amount of damages may be reduced.