A “work injury damages claim” can be made provided the injured worker can establish that s/he has a whole person impairment of at least 15% and the injury resulted from the negligence of the employer. Procedurally, the injured worker must claim and recover statutory lump sum compensation for non-economic loss (lump sums for permanent injury and pain and suffering) first.
The worker must then notify the work injury damages claim to the employer and insurer, await determination of that claim, file a pre-filing statement, await receipt of the pre-filing defence and then refer the matter for mediation in the Workers Compensation Commission. There are deadlines for each of these steps. Should the work injury damages claim fail to settle at mediation the claim can then be filed in court.
