Injured at an Unsafe Workplace? You Could Be Owed a Bigger Payout

When you're injured at work, most people think of workers compensation as the only pathway to financial support. And in many cases, it's a vital lifeline. But what if your injury was caused by your employer's negligence? In New South Wales, you may be entitled to something more substantial: a Work Injury Damages claim under common law.

This claim isn't talked about as often, but it can lead to a much larger lump sum payout and it's one that many injured workers never realise they have access to. Here's what you need to know.

What Is a Work Injury Damages Claim?

A Work Injury Damages claim is a common law negligence claim against your employer. It allows you to sue for past and future loss of income if you were injured because your employer failed to take reasonable care for your safety.

This is separate from (and in addition to) your standard workers compensation entitlements like weekly payments and medical expenses. It's about holding your employer legally responsible for putting you in harm's way — and recovering what you’ve lost because of it.

Who Can Make a Work Injury Damages Claim?

You may be eligible if:

• You have a permanent impairment of at least 15% Whole Person Impairment (WPI)

• Your employer was negligent in causing your injury (e.g. unsafe systems, lack of training, faulty equipment)

• Your injury has stabilised (meaning your condition won't substantially improve or deteriorate)

This type of claim is about more than just paperwork, it requires proving fault, gathering strong evidence, and often facing off with insurers. That’s why having an experienced legal team behind you is critical.

p claim NSW

What Can You Claim?

A successful Work Injury Damages claim typically results in a one-off lump sum to compensate for your past and future economic loss. This could include:

• Wages you've lost while recovering

  
  

• Future income you can no longer earn due to your injury

You cannot claim medical expenses or pain and suffering under this pathway, it's focused purely on financial loss related to your ability to work.

And here’s the key: these claims often result in significantly higher payouts than standard workers compensation. We’ve seen clients who initially received basic weekly payments later awarded six-figure lump sums once a common law claim was pursued.

Why It Matters and Why It’s Often Missed

Many injured workers don’t realise they could be entitled to a Work Injury Damages claim. In some cases, they’re told by insurers or employers that their case is "finalised" after statutory compensation. But if negligence played a role in your injury, your journey might not be over and you could be walking away from a significant part of your entitlements.

The process is more complex than a standard comp claim, and the insurer will often push back hard. But with the right legal support, it’s entirely possible to secure the compensation you deserve.

Why Work with Lexmens

At Lexmens, we don’t just handle claims, we uncover what others might miss. Our team has successfully run hundreds of Work Injury Damages claims, and we know what it takes to prove negligence and maximise outcomes.

We work with medical experts, gather detailed worksite evidence, and build a strong case around your financial loss. And as with all our services, there are no upfront legal costs to you. If you have a case, our representation is covered through WIRO.

So if you believe your injury was preventable or you’re not sure what you might be entitled to, talk to us. We’ll tell you clearly what your rights are, and how to move forward.

Let us take the pressure off your shoulders. Focus on your recovery, we’ll handle the rest.

Contact a Lexmens Lawyer