WID - What is it?

An injured worker makes a WID claim under the common law in circumstances where there is negligence on behalf of the employer, resulting in injury. To make a claim, you must first pursue your workers compensation rights and then meet the following criteria:

1. Have an injury that results in a 15% or higher Whole Person Impairment.
2. There must be negligence on behalf of the employer; and
3. Such a claim must be made within (3) years of the date of the accident, except with leave of the Court.

A workers compensation claim is based on a no-fault system, whereas a WID claim is based on a claim of fault against the employer for causing the accident.

It is important to note that workers compensation entitlements must be pursued before making a WID claim.  You can only pursue a WID claim once your injuries have been assessed over 15%.

What is the benefit of a WID claim?

A successful negligence claim against an employer can result in a worker receiving significantly more economic loss damages than would be recovered under the workers compensation scheme.

A WID entitles you to recover past and future wage loss, which is calculated by consideration and reference to your actual earnings, as opposed to those payable and capped under the workers compensation system. In addition to recovering the past and future loss of actual earnings, you are entitled to recover the tax paid on gross weekly compensation payments and lost superannuation benefits.

A negligence claim must be brought within three years from the date of injury, where possible and generally follows on after a Whole Person Impairment has been determined.

Settlement of a WID claim will cease any further entitlements you have under the Workers Compensation scheme and generally represents a full and final settlement of the claim relating to that specific injury.

Your legal representative will discuss the possibility of a WID claim at your initial consultation and will prepare and process your claim after your Whole Personal Impairment, where the circumstances of the accident give rise to such a claim.