By sharing his/her story, the following seriously injured worker highlights again the common“myths” about those ignorant people who think that because you have been seriously injured at work (and are entitled to a common law damages claim) you “will be set up for life” or “it will be like winning the lottery”. Wrong!
In this article, we’ll outline the main benefits of settling an injury (common law) damages claim OUT of court. In doing so we also wish to highlight that in some cases, injured workers may well believe that their case is worth much more than the workcover insurance company is willing to pay, and also believe their case is worth much more than it is actually worth. Indeed injured workers hear or read stories about large settlements and/or court verdicts and may get caught up in the (very expensive) litigation process.
The following story highlights that any injured worker who receives monetary compensation (eg. settlement) needs to seek sound financial advice before ‘spending’ their settlement money.
Even when you have been awarded a serious injury certificate in Victoria (or elsewhere) for both pain and suffering and economic (pecuniary/future earnings) loss for a common law claim, your lawyer may advise you to drop the economic loss part of your claim and to only pursue the pain and suffering claim. This brief article explores the potential reasoning for not pursuing the economic loss part and to stay on workcover (weekly payments) instead.
Many [Victorian] seriously injured workers, who are eligible for a common law damages claim, ask us how long it will take to settle their [common law damages] workcover claim.
A few weeks ago I stumbled on this interesting NSW legal workers compensation case, whereby the NSW Workers Compensation Commission ordered the employer to pay the worker weekly compensation on the basis of probable earnings rather than actual earnings!
It has come to our attention that numerous Victorian injured workers have experienced most frustrating delays with having their case heard in the Supreme Court.
Despite many promises, the Victorian Supreme Court has not been able to accommodate numerous injured workers’ cases on the day it was due to commence, and the cases have been adjourned over for several months. In one case, the Court adjourned the case for almost one year! (From August 2012 until April 2013).