Can I claim damages for pain and suffering under WorkCover?
A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for your immediate and future pain and suffering. You may also be entitled to claim for your current and future income loss due to your injury. Claiming economic loss damages is only permitted in some cases. In order to succeed in this type of claim, you must establish that your employer or some other person was negligent (i.e. breached a duty of care to you), and that as a result you have suffered a serious injury. WorkCover • Dean Powell – Common Law $120,000 – pain and suffering, bi lateral arm injuries • Walid Mohammad – $85,000 – pain and suffering, back injury • Laree Scott – Stat Benefits $14,000, neck injury – rejected claim.
