Okay… so you’re injured at work. Now what?
Right, let’s cut through the legal fog.
You get hurt on the job — lifting something heavy, slipping on a wet floor, or maybe it’s stress from toxic management (yep, that counts too). You’re told, “You can make a claim.” But then someone says, “Oh hang on, is that a workers compensation claim or a work injury damages claim?”
Mate, now you're scratching your head. Sounds like legal mumbo jumbo, right?
So, what’s the actual difference? And more importantly — how does it affect you?
Let’s break it down.
Workers comp — that’s the standard safety net
This one’s pretty straightforward (well, sort of).
If you're injured at work, you’re generally covered under workers compensation. It’s a no-fault system, which basically means: doesn’t matter who stuffed up, you still get covered.
Think of it as the safety net. You don’t have to prove your boss did anything wrong — just that your injury is work-related.
What you might get includes:
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Weekly payments (kind of like wages while you’re off work)
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Medical and treatment costs
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Rehab support
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Maybe even help retraining if you can’t go back to your old job
Sounds decent, right? But here’s the thing…
The payout’s capped — and you can’t sue under it
Yep. Workers comp helps, but it doesn’t give you a lump sum payout for your pain and suffering or future income loss in the same way a court claim would.
It’s designed to get you patched up and back to work — not necessarily to compensate you fully. And that’s where work injury damages comes in.
Now here’s where it gets interesting: Work injury damages claims
So, imagine you’re hurt bad. Like, ongoing problems. Maybe you can’t go back to the same kind of work ever again.
If that injury was due to your employer’s negligence, and you’ve got a Whole Person Impairment (WPI) of at least 15%, you might be able to go after work injury damages — which is basically a common law claim.
This is more like suing your boss for not doing the right thing.
Negligence examples? Easy:
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No proper training
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Ignored safety reports
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Made you do risky stuff without protection
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Let that dodgy forklift run for months…
You get the idea.
But wait — you can’t have both
This bit trips people up all the time.
You can’t double dip. If you go down the road of a work injury damages claim and win — that wraps things up. You’re basically closing the workers comp chapter for good. No more weekly payments, no more treatment costs covered. Done.
So yeah, it’s a big decision. Like — really big.
Let’s talk timing, because that matters too
You can’t just wake up years later and go “Actually, I want to sue now.” There are strict time limits, and honestly? That’s where most people come unstuck.
Generally, you need to:
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Have made a workers comp claim first
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Get a 15% WPI rating (and it has to be permanent)
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Show your employer was negligent
Also, you can’t just self-assess your impairment. It needs to go through proper medico-legal channels — and that whole process takes time.
So what’s the smarter move?
Honestly? Depends on your situation.
If your injuries are minor and you’ll recover? Workers comp might be enough.
But if you’re looking at long-term damage — physically, mentally, financially — then a work injury damages claim might be worth considering.
Just don’t rush in blind. One path leads to weekly payments and support. The other’s a legal fight for a lump sum… but once it’s over, it’s over.
Real world example (not naming names)
Picture a tradie who falls off a dodgy scaffold. Boss knew it was unstable but told him to “just be careful.” Classic.
He breaks his ankle, does his back in — can’t climb ladders anymore. Gets workers comp payments for a while, but long-term? He's stuffed for work.
Because the boss was clearly negligent and his WPI came in at 17%, he could make a work injury damages claim. Ends up getting a solid lump sum — not just for the injury, but for future income he’ll miss out on.
But — and here’s the kicker — he had to give up the weekly payments once he took that payout.
That part stings a bit if you’re not ready for it.
So what does this mean for you?
Well, if you’re injured and wondering what road to take, here’s the basic litmus test:
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If your injury isn’t super serious, and you’ll bounce back? Workers comp is fine.
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If your injury is permanent, and it happened because your employer dropped the ball? Might be time to talk damages.
Just don’t try to figure it all out solo — this stuff’s messy.
FAQ – Real Questions, Real Answers
Do I need a lawyer to make a work injury damages claim?
Short answer — yes. These claims are complex and heavily evidence-based. Don’t DIY this one.
Can I still get workers comp if I start a work injury damages claim?
Only until your claim settles. After that — it’s all done. No going back.
What’s this 15% WPI thing? How is it worked out?
It’s a medical assessment done by an approved doctor. Not your GP — it’s a formal process. You need to hit at least 15% to be eligible for damages.
Can I switch paths later if I change my mind?
Sort of. You can move from comp to damages — if your condition qualifies and the claim is accepted. But you can’t do it the other way around.
How long do I have to make a claim?
Timeframes vary but generally it’s within three years of the injury (or when you became aware it was serious). Don’t wait.
Here's the takeaway...
Injured at work? First priority is recovery — no question. But when it comes to compensation, the road you pick matters. Workers comp might tide you over… but work injury damages could secure your future.
Just make sure you're not making big decisions based on assumptions or dodgy advice from your cousin’s mate.
Talk to a proper compensation lawyer who knows the ropes.
Want to figure out what you're really entitled to? Chat to the team at BPC Lawyers — they know this stuff inside out.
Legal Disclaimer:
This article is general information only and not legal advice. Always speak to a qualified lawyer about your specific situation.
