Workplace Accident Lawyers
A common question which arises if someone has been injured at work is whether they can sue their employer for negligence.
In many cases, statutory provisions prevent you from suing your actual employer (except for ‘seriously injured workers’). However, in some cases, your ‘employer’ isn’t the actual person at fault. For example, if you are a labour hire worker and are placed with another company, that company is known as your ‘host employer’. They are not your actual employer like the labour hire company, but they have the responsibility to look after your workplace.
Similarly, if someone else from another company attends your workplace (for example a delivery truck) and you are injured as a result, you may have a claim against them and/or their employer.
These claims are often known as ‘common law’ claims. In order to have a successful common law claim, you must first establish that the other party was negligent. It can sometimes be quite complicated to establish the actual negligence, or even who is responsible for the negligent act.
Once the appropriate defendant is identified and liability is established, you can then look at the ‘quantum’ or overall value of your case. The quantum will include damages for pain and suffering, economic loss, voluntary services (assistance rendered to you by your parents, spouse or children) future assistance required around the home, past and future medical expenses.
A three-year time limit applies to common law claims, and as a result, it is crucial to start the investigation period as soon as possible after the subject accident.
Contact Georgiadis Lawyers to arrange a free first interview in order to discuss your claim.