Workers Compensation – Lifting injuries at work

by Walker Law Group

Have you received the correct training in the use of machinery from your employer?

If you have hurt your back or have sustained an injury as a result of an employer’s neglect, you could be entitled to make a claim for workers compensation and work injury damages!

Your employer has a duty of care to provide you with, a safe work environment and this duty includes the responsibility of providing you with, the correct training to use machinery to ensure that you do not suffer a work place incident.

If your employer neglects to provide any training, or to provide adequate training then they have been negligent in their duty of care. In New South Wales you are entitled to receive work injury damages if you are injured as a result of your employer’s negligence. Work injury damages are a lump sum payment for your past and future economic loss. Other compensation is paid under the New South Wales workcover compensation scheme including lump sum payments for any permanent impairment you have suffered as a result of your injury and lump sum payments for your non-economic loss i.e. pain and suffering.

To make a claim for work injury damages you need to satisfy strict criteria to be successful in your claim including: 

  • Your injury must have resulted in an assessed permanent impairment
  • You must have received all of your lump sum entitlements for permanent impairment and non-economic loss i.e. pain and suffering under the workcover compensation scheme before receiving work injury damages. This is because a work injury damages lump sum payment will cancel all your future entitlements to compensation under the workcover compensation scheme with the amount of any weekly compensation paid reimbursed from your work injury damages lump sum payment.
  • Your claim for work injury damages cannot be started until six months after the date of your injury and must be made not more than three years from the date of your injury.

The majority of work injury damages claims are mediated through the Workers Compensation Commission and result in a settlement being reached by the parties on an agreed amount of work injury damages. That is why it is important that you have a specialist in this area mediating and negotiating on your behalf. Walker Law Group Personal Injury Lawyers are well versed in work injury damages claims and has the experience and skill to ensure that any workers compensation settlement reached is in your best interests.

To get the best advice on your workers compensation claim, you need to see Walker Law Group Personal Injury Lawyers Sydney, fully Accredited Personal Injury Law Specialists. Call today on 1300 363 013 or email to discuss your claim for compensation with the best in the business.


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