There are many situations that can become very complicated for the average person to understand, and some that even experienced personal injury lawyers do not properly grasp.
Let me explain.
When someone is injured while at work, he or she normally puts in a WorkCover claim. Once accepted, benefits are paid for medical expenses and loss of income.
If the person is seriously injured, there is also the entitlement to seek common law damages for the pain and suffering the person has suffered and the total loss of income suffered to date and will be suffered into the future.
Access to such common law damages within the WorkCover system is very difficult, with many seriously injured persons not being able to get access to the loss of income aspect of their workers compensation claim because of the restrictive nature of the WorkCover legislation.
In addition, even if access is achieved, the legislation imposes a penalty on the injured worker in relation to legal fees that will have to be paid, as WorkCover is not required to pay the same level of legal fees paid by others in similar injury matters such as TAC accidents or accidents in a public space.
We tell many WorkCover clients that we would be able to get for them a lot more compensation to them if their accident had been one covered by the TAC legislation, as that legislation is more generous to the injured person.