A guide to lodging a negligence claim against your employer

In Victoria, if you have suffered a workplace injury, you may be able to file a WorkCover claim and launch a common law negligence claim. This article outlines the general process of such claims and addresses some concerns you may have about the viability of your claim. It also discusses the no-win, no-fee cost arrangement and the potential compensation you may receive if your claim is successful.

Have you been injured at work due to your employer’s negligence? Are you seeking financial compensation for the physical and mental harm you have suffered as the result of a workplace accident? Here at Gordon Legal, our dedicated workers compensation lawyers are ready to provide you with legal advice as you navigate the workplace injury legal claims process. Contact us at (03) 9603 3000 or by completing an online enquiry form so you can learn how to file a negligence claim against your employer today!

What are the potential outcomes of a negligence claim?

Understanding How Employer Negligence Claims Operate:

Negligence claims occur when an employer fails to provide employees with a safe working environment. This environment then leads to the employee being injured or developing an illness. This duty of care extends to maintaining equipment, providing suitable training, and sustaining safe work systems. If this duty of care is breached, you may have grounds for a workers’ compensation claim.

You may think you would like to bring forward a negligence claim against your employer as it is your only course of action for compensation. However, such claims can be lengthy and complex pieces of litigation. At Gordon Legal, we run a highly skilled and dedicated WorkCover practice that is ready to help you get compensation for injuries suffered at work through the mandatory WorkCover insurance scheme operated by WorkSafe Victoria. Contact us today to learn which personal injury compensation claim is best for you!

Can I Still File a Negligence Claim if I Signed a Waiver at Work?

Signing a liability waiver does not automatically prevent you from filing a negligence claim against your employer or lodging a claim with WorkCover Victoria. In Victoria, employers cannot contract their way out of their duty to provide you with a safe workplace. Therefore, just because you may have signed a liability waiver does not mean it is an unenforceable agreement. If you sustained an injury at work, signed a waiver and are now unsure of your legal rights, reach out to one of our expert workplace accident lawyers, who can inform you of what compensation you may be entitled to.

What is the Deadline for Filing a Negligence Claim in Australia?

For WorkCover claims, generally, you must inform your employer of your injury within 30 days of its occurrence or 30 days from when you became aware of the injury. Failure to do so may jeopardise your claim with WorkSafe. If you want weekly payments and coverage for your medical expenses, there is a six-month timeframe for you to lodge a WorkCover claim. These timeframes can be complicated, so it is essential for you to have one of our expert workers compensation lawyers review your claim and advise you on your best course of action.

In Victoria, the statute of limitations for filing a common law negligence claim for damages is generally six years. Therefore, you must initiate the claims process as quickly as possible following your injury so that all the required steps, such as medical assessments, can be taken within this timeframe.

Do I Need a Lawyer to File a Negligence Claim Against My Employer?

While you don’t need to receive legal advice when lodging your WorkCover claim or filing a negligence claim for damages against your employer, engaging legal representation early in the claims process is highly recommended. This is because the process often involves complex legal principles, the collection of high-quality evidence, expert knowledge of the procedural rules involved with these claims and negotiating skills to ensure you receive the best compensation possible. Our workers compensation team are committed to guiding you through each step of the claims process, advocating on your behalf and improving your chances of a successful claim.

What Are the Costs of Filing a Negligence Claim?

At Gordon Legal, we offer legal representation for workplace injury claims on a no-win, no-fee cost arrangement. This means there will only be legal costs if your claim succeeds. This ensures that our personal injury practice remains accessible to every worker. If you have any more questions about how legal costs are determined in workplace injury claims, contact one of our expert team members today so they can outline how the fee arrangements operate at Gordon Legal.

What Are the Potential Outcomes of a Negligence Claim?

A successful WorkCover claim usually includes several different forms of financial compensation:

• Weekly payments for lost income.
• Coverage for medical expenses.
• A lump sum payout known as an impairment benefit.

If your claim progresses to a common law negligence claim for damages. These damages can include:

• General damages for the pain and suffering caused by the injury.
• Compensation for the loss of past and future earnings.
• A common law lump sum payout.

These potential compensation outcomes can be complex to understand, so it is essential you receive experienced legal advice for your circumstances. Contact a Gordon Legal workplace accident lawyer on (03) 9603 3000 or by filling out an online enquiry form so you can discover the financial compensation you may be able to receive today!

Have you recently been injured at work and want to explore your legal options? Our team is committed to providing comprehensive legal support and guidance throughout the claims process. Get in touch with a member of our team to arrange a free initial consultation today!