Normally, workers’ compensation claims are made because of accidents or hazards in the workplace that have happened despite the employee’s best care. But what happens when your injury is actually your fault?
In Queensland, you may be able to claim compensation even if you caused the accident that led to your injury. Today we’re going to explain “no fault” compensation and further explore this topic.
“No fault” Workers’ Compensation
Workers’ compensation in Queensland is based on a “no fault scheme”. This means that it is irrelevant whether the work injury was caused by the worker’s own negligence or the negligence of the employer.
As long as employment was a significant contributing factor to the injury, a worker should be entitled to claim workers’ compensation.
However, it is important to know that a workers’ compensation claim has some limits. The workers’ compensation insurer is only obligated to meet an injured worker’s medical and rehab costs and wage benefits until the worker’s injury is stable and stationary.
Common Law Claims
The other main option is a “common law claim” which entitles a worker to claim for all the loss and damage sustained as a result of their work injury.
This includes both past and future:
- Loss of earnings
- Medical expenses
- Superannuation benefits
- Medical and ergonomic aid costs
- Care and assistance costs
In certain significant cases, common law claims will be more desirable. However, there is one caveat when dealing with common law claims.
Unlike the “no fault system” of workers’ compensation, a worker will only be able to pursue a claim for common law damages if the work injury has been caused wholly or partly by the negligence of the employer or a co-worker.
If you made a mistake and felt you were at fault, this does not automatically mean you have no claim. In the majority of work injury cases, the work injury is usually found – at least partly – to be the employer’s failure. This includes failing to provide a safe system of work, or proper instruction, training and supervision to workers.
In a lot of cases, injured workers blame themselves for their work injuries, but often it is not their fault at all, or their contribution toward the accident is minimal.
We have helped many employees who felt responsible for their work accident and did not believe they had a claim to pursue.
If you suffered a work injury and are unsure of your rights or which claim is best, Brisbane Injury Lawyers can help outline your options and help you seek a fair claim.
For more information, get in contact with one of our personal injury law experts at firstname.lastname@example.org or via phone on (07) 3009 8444.