There are a number of different types of claims involving personal injury that the Bradford Legal injury lawyers have assisted our many clients with over the years.
It may surprise you to learn that a claim for damages arising from personal injury suffered in a motor vehicle accident is a form of common law claim.
When your injury occurs at work it may be possible for you to proceed with a common law claim against your employer or another entity whose fault has caused your workplace injuries.
In cases involving workers compensation there are restrictions that apply to a worker seeking to sue their employer. Further advice on this issue can be obtained by contacting the experienced personal injury lawyers at Bradford Legal.
What is a Common Law Claim?
In relation to personal injury, a common law claim is a claim for compensation when someone else’s negligence caused an injury. The compensation is called “damages”. If your injury happened at work your employer may be at fault or another party such as a subcontractor or principal contractor on site may also bear some liability.
An employer has a duty of care to provide a safe place of work and a safe system of work to its employees. If an employer fails to do so and an employee suffers a work injury, then that employee may be able to pursue a compensation damages claim at common law as a result of the employers negligence.
A common law claim is separate to a workers compensation claim and is pursued through the court system, most usually through the District Court.
Common law claims for negligence against employers are usually complex and there are significant legal hurdles that must be overcome before an injured worker can be successful with a common law claim for a workplace injury.
The experienced team at Bradford Legal have been successfully pursuing damages claims at common law on behalf of injured workers for nearly 30 years and are well aware of what is necessary to successfully establish such a claim.
If you’ve suffered a serious injury or an injury at work and are looking to claim common law damages, contact the expert injury lawyers at Bradford Legal.
What Damages Can be Claimed
Pain and Suffering:
Pain and suffering, sometimes classified as general damages, is just what it sounds like. If you are subject to pain and suffering as a result of a work injury caused by negligence, you can be compensated for it as part of a claim for damages. You can also claim common law damages for loss of enjoyment of life and loss of amenities of life.
Loss of Earnings in the Past or Future
In many instances of suffering a workplace injury or serious injury, a person will become incapacitated for work. This may lead to a loss of earnings.
It may also be the case that there is an ongoing loss of earning capacity as a result of the permanent effects of a serious injury.
As part of a common law claim it is possible to seek compensation for past loss of wages and loss of future earning capacity.
The experienced injury lawyers at Bradford Legal can advise you in detail as to the losses that may be claimable as a result of a reduced capacity for work following a serious injury.
Other Headings of Damage
There are other headings of damage which usually comprise actual expenses incurred by an injured person as a result of the injuries.
These include medical expenses and can also include the future rehabilitation expenses associated with the need for ongoing medical treatment.
In some instances where the injury is quite debilitating you may entitled to damages for your need for assistance with selfcare activities, household chores, gardening and/or handyman activities.
You may also have a need for aids and appliances.
All of the above are claimable as part of a common law damages claim for negligence.
Restrictions for Injured Workers
The Workers’ Compensation and Injury Management Act 1981 (WA) establishes a complicated system for determining whether an injured worker is entitled to elect to sue their employer for damages for negligence.
The system requires that an injured person have an assessment of their degree of permanent impairment prior to the termination day (a date that is one year from the date the claim for weekly compensation payment was made) in order to establish whether they have sufficient level of permanent impairment to entitle the worker to make an election (a choice) to sue the employer.
At least a 15% whole person impairment is required before an injured worker attains the right to sue their employer.
There is a complex process which needs to be followed and Bradford Legal have considerable experience and expertise in ensuring the process is correctly followed and giving our clients the best opportunity to proceed with a common law claim against their employer for a serious injury should it be necessary.
This is a complex area which an injured person should seek legal advice on.
Why You Need a Personal Injury Lawyer
The law is complicated and there are strict time frames and time limits which must be complied with otherwise you are likely to lose significant rights.
Bradford Legal, Injury Compensation Lawyers, are dedicated and experienced in providing the necessary advice and assisting clients in pursuing common law claims and claiming common law damages.
Call Bradford Legal Injury Compensation Lawyers on (08) 9316 2299.