Damage Claims - Richardson & Lyons









Unless your injuries were caused by your own fault, you may be entitled to recover damages instead of accepting a lump sum from WorkCover. You should be entitled to recover damages if your injuries were caused or contributed to by: something done by another worker; an unsafe piece of equipment; an unsafe method of performing a task; your employer's failure to properly tell you how to perform a task; your employer's failure to warn you about a risk of injury. If your injuries were caused by one or more of the above factors, you can claim damages for your injuries instead of accepting a lump sum offer from WorkCover. If you are claiming damages for a work injury, you can recover damages for: pain and suffering; lost wages or overtime not paid by WorkCover during your WorkCover claim; future loss of wages, if there is a chance your injuries might affect your future earnings; any treatment expenses not paid for by WorkCover; the cost of any treatment which you may require in the future, including the cost of surgery and painkillers or other medication.	Obviously, the value of each person’s damages claim depends on their injuries and their particular circumstances. If you have received a lump sum offer from WorkCover, or when you receive that offer, we will be able to provide you with an accurate estimate of the damages which you can expect to recover for your injuries. In almost every case, the damages will be far greater than WorkCover’s lump sum offer. If you decide to claim damages for your injuries instead of accepting WorkCover’s lump sum offer, your claim is commenced by submitting a form called a Notice of Claim to WorkCover. We prepare the Notice of Claim for you, which contains all of the information relevant to your claim, why you believe that your employer caused or contributed to your injuries and a settlement offer. We handle all of our clients’ damages claims on a “no win – no fee” basis, and we also pay all of the outlays associated with your claim. For more information on our “no win – no fee” policy, please click here.