Common Law Damages – ACT

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.