Damages are calculated by considering where an injured worker has suffered loss as a result of the injury. These include:
- pain and suffering
- past wages or economic loss including interest and loss of superannuation contributions
- future wages or economic loss including future loss of superannuation contributions
- past and future medical, hospital, pharmaceutical, rehabilitation, domestic assistance and care expenses.
How damages benefits are calculated
When calculating the amount that a damages claim is worth the following evidence will be considered:
- worker’s age
- where the worker lives and works
- retirement age
- past and current work history
- medical records
- independent medical examinations and reports obtained by worker’s solicitor during the statutory and common law claims
- Medicare and Pharmaceutical Benefits Scheme (PBS) records
- tax and financial documents including copies of PAYG Summaries, previous tax returns and Australian Tax Office Notice of Assessments
- Centrelink records
- employer records including payroll and personnel file information
- tax invoices and receipts for expenses incurred as a consequence of the work related injury.
Strict time limits and complicated rules apply to common law claims so it is essential to speak to an expert lawyer.