ARTICLE · 18 OCTOBER 2023

Workcover serious injury applications

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An injured worker is entitled to claim WorkCover common law damages for pain and suffering and economic loss.

AustraliaEmployment and HR

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An injured worker is entitled to claim WorkCover common law damages for pain and suffering and economic loss provided they:

meet the 'serious injury' threshold; and
can prove negligence of another person in causing their injuries.

A 'serious injury' certificate must be granted before an injured worker can claim common law damages. Common law damages are in addition to an injured worker's statutory entitlements under the WorkCover scheme, like weekly payments and medical expenses.

WHAT IS A WORKCOVER 'SERIOUS INJURY'?

A 'serious injury', for a WorkCover common law claim, can be a physical injury, psychological injury, scarring or disfigurement or loss of a foetus.

There are 3 tests for 'serious injury'. If you satisfy one or more of these tests, you will have a 'serious injury'.

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