What is a Personal Injury Claim?
A personal injury claim (also called a common law claim) is a type of legal action taken to seek financial compensation for harm or loss caused by someone else’s negligence. This encompasses a wide range of physical or psychological injuries, including car accidents, medical errors or criminal acts. To make a personal injury claim in WA, you must generally prove:
- You suffered a physical or psychological injury
- Someone else was at fault (fully or partially)
- The injury has caused financial or personal loss
These claims are typically pursued under the Civil Liability Act 2002 and can be lodged against individuals, companies or government bodies. Workers might be able to pursue a common law claim for their workplace injury when a workers compensation claim isn’t suitable.
What is a Workers Compensation Claim?
A workers compensation claim is made when an employee is injured or becomes ill due to their work. It is a type of insurance scheme that provides financial and medical support for injured workers. Under the Workers’ Compensation and Injury Management Act 2023, employers are required to carry insurance that covers their workers. This means you don’t need to prove negligence to receive benefits, only that the injury is work-related.
Difference Between Personal Injury Claims and Workers Compensation Claims:
Here’s a quick comparison to highlight how these two claims differ:
| Personal Injury Claims | Workers Compensation Claims | |
| Fault/Negligence | Yes, requires proof of negligence. | Not required, uses a no-fault system. |
| Who Can Claim | Anyone injured due to another’s negligence. Covers various types of injuries. | Only covers work-related injuries. |
| Compensation Coverage | Can cover a broad range of damages such as: medical expenses, economic loss, pain and suffering, loss of enjoyment of life, etc. | Covers medical expenses, lost wages, vocational rehabilitation and some permanent impairments. Does not cover pain and suffering damages. |
| Payout Limits | Higher caps for some cases, as assessed by the judge. | Capped under legal guidelines. |
| Claim Process | Typically, a more complex and time-consuming process through the court system. | A quicker and simpler process handled by WorkCover WA. |
| Time Limits | Generally, claims must be lodged within 3 years of the injury. | Claims must be lodged within 12 months of the work injury. |
Benefits Available Under Each Claim
Workers compensation ensures employees are entitled to certain benefits if they have suffered a work injury. Here’s a breakdown of what is commonly included:
- Loss of Earnings: Weekly payments due to an incapacity to work.
- Medical Expenses: Any reasonable medical expenses related to the workplace injury.
- Rehabilitation: Approved rehabilitation and support programs to help injured workers recover and return to work.
- Permanent Impairment Payments: An additional lump sum payment made if an injury leads to permanent impairment or incapacity to work.
Learn More: What Does Workers Compensation Cover in Western Australia?
Personal injury claims can provide access to compensation for your full losses. However, they can take longer to resolve, be far more costly and come with some risk. Personal injury damages may include:
- Loss of Earnings (past and future)
- Medical & Rehabilitation Expenses
- Pain and Suffering
- Loss of Enjoyment of Life
Can I claim both Workers Compensation and Personal Injury?
Yes, there are some situations where both workers compensation and personal injury claims may apply. For example, if you’re injured in a car accident while performing work duties, you might be covered by workers compensation and a personal injury claim against the at-fault driver. However, you can’t be compensated twice for the same loss. We recommend seeking legal advice to navigate overlapping scenarios like this.
Unsure What You Can Claim?
Both workers compensation and personal injury claims provide essential support for employees suffering from work-related injuries. If you have been injured on the job, we strongly suggest seeking legal advice. Anvil Legal’s lawyers can help you navigate the WA legal system to get the compensation you’re entitled to. We can review the details of your case to determine whether a workers comp or personal injury claim is right for you.
