We have written about it many times (see for example “Mitigation of Damages“), but perhaps it’s time to re-highlight that an injured person who makes a claim for compensation is actually required to take all reasonable steps to mitigate his or her loss. So what does this actually mean?
“How much is my workcover case worth?” Is a question we receive very often from seriously injured workers. It is a very difficult question to answer because the “commercial value” of your case depends of many factors, and each case is unique.
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.
In September 2014, Peter Doulis, a Victorian teacher driven to the brink by unruly students including one who made a flamethrower in class has been awarded around $1.3 million in compensation by the Supreme Court, by means of suing the state government for damages under the negligence/common law. Many ‘stress’ victims were gobsmacked at the size of the amount in compensation awarded. Let’s have a look at what the $1.3 million compensation awarded really means for Mr Doulis (and anyone else in a similar situation.)
What have the 7 deadly sins to do with your lawsuit? They are simply easy to remember warnings to litigating injured workers (aka Plaintiffs). We’re not trying to save your injured soul, rather your workcover case (i.e. common law claim, any litigation). In other words: if you ignore these seven deadly “sins” you will probably sc*w up your case.
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.
Deeds of release are often used in settling workcover cases and common law claims between employers (or their representing insurance companies and defense lawyers) and injured workers — but what are they really? In this article, we try to discuss what deed are, how they’re written and provide very important tips on their use for injured workers.
We recently received the following inquiry and the following horror story from two separate injured workers, both cases basically revolve around the fact that -yes- Workcover can recover compensation paid to a worker from a third party, where the third party has caused or contributed to the injury occurring. As Carol kindly explained,if you already have an accepted workcover claim and/or common law settlement there is absolutely no point bringing a separate civil damages claim against a third party for negligence/damages born out of the same incident as your workcover claim as you can’t double dip and be compensated twice for the same injury/damage/loss.