Pursuing a negligence claim
Everyone is entitled to work in a safe environment. If you’ve been injured at your workplace, you may be eligible for a range of benefits and entitlements. In addition to your other Workers’ Compensation entitlements, you may also be eligible for compensation from your employer or their insurer if they failed to provide a safe work environment and that led to your injury.
Understanding if you’re eligible for a negligence claim
You may be eligible to make a claim for negligence if you suffered a serious injury at work that was caused by:
- Your employer
- Your co-workers
- Anyone else in the workplace
Or by:
- Faulty machinery
- An unsafe workplace
- An unsafe system of work
- Poor medical treatment
What’s classed as a serious injury?
Injuries are classed as “serious” if you suffered any of the following:
- Serious permanent impairment or loss of body function
- Permanent serious disfigurement
- Severe permanent mental or behavioural disturbance
- Loss of a foetus
- An injury that results in a 30% impairment under the relevant guides
We understand that all injuries can have an impact on your life. Even if your injury doesn’t fall into the categories above, you may still be eligible to claim compensation.
Find out if you have a claim
Use our Free Claim Check to understand your options. It only takes 3 minutes
Speak with our team
If you think your injury was caused by the negligence of your employer speak with a member of our Workers’ Compensation team about how we can help you make a claim as soon as possible.
We’ll help you figure out where you stand. Even if you can’t claim for workplace negligence, you may still be entitled to other Workers’ Compensation benefits, which don’t rely on negligence.
What you’re entitled to claim and when
If your injury has been caused by the negligence of your employer, compensation may be payable for:
- lost income (both past and future)
- lost superannuation
- pain and suffering
When claiming damages, strict time limits apply and a Serious Injury Application must be prepared before the end of your time limits.
If you were injured after 20 October 1999 you can claim damages for negligence within 6 years of the date of injury by filing a Serious Injury Application.
We can help you complete these applications and walk you through the process.
We are the original No Win, No Fee* Workers compensation lawyers
This means that if you don’t win, you don’t pay the fees for the work we do on your case.
We’re on your side
Our expert workplace lawyers have the experience and knowledge to handle a wide range of Workers’ Compensation cases. We will work with you, providing you with simple and clear communication so you know where you stand.
Our priority at Slater and Gordon is to help you:
- Feel supported through the Workers’ Compensation process
- Understand your rights and entitlements
- Receive clear and accurate advice about your prospects of success
- Maximise your compensation
Meeting with lawyers shouldn’t be an uncomfortable experience. To help you understand the process a little better, you can read more about what to expect when meeting your lawyer for the first time before pursing a negligence claim.