Understanding Common Law Negligence

Summary

Common law negligence requires proving four elements: duty of care, breach of duty, causation, and damage. In Western Australia, to establish a claim, you must show that the defendant owed you a duty of care, breached it, and caused harm resulting in damages. For a workers compensation claim due to psychosocial injury, gather medical reports, correspondence, and witness statements. Organize evidence by creating a timeline and categorizing documents. Consulting a workers compensation lawyer can provide specific guidance.

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To apply the elements of common law negligence to your case, you will need to demonstrate the following:
- Duty of Care: Establish that your employer owed you a duty of care to ensure a safe working environment.
- Breach of Duty: Show that your employer breached this duty by failing to provide adequate safety protocols and support.
- Causation: Prove that this breach directly caused your psychosocial injury.
- Damage: Provide evidence of the harm you’ve suffered, such as medical reports and witness statements.
Do you need assistance in gathering or presenting this evidence?
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It sounds like you have a strong case for a workers' compensation claim due to psychosocial injury. Given the detailed account of events and the medical documentation, you should have a good foundation for your claim.
Would you like guidance on how to gather and present your evidence effectively?
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To gather and present your evidence effectively, follow these steps:
*. Collect Documentation:
- Medical reports from your GP and psychiatrist.
- Emails and correspondence related to the incidents.
- Witness statements from colleagues.
- Police reports if applicable.
*. Organize Evidence:
- Create a timeline of events.
- Categorize documents by type (medical, correspondence, incident reports).
*. Legal Advice:
- Consult a workers' compensation lawyer for specific guidance.
Would you like more detailed information on any of these steps?
what if you can't get *% WPI
In Western Australia, if you can't meet the *% Whole Person Impairment (WPI) threshold, you may have limited options for a common law claim. However, you can still pursue statutory workers' compensation benefits. Consider discussing your situation with a workers' compensation lawyer to explore alternative legal avenues.
Do you need help finding a lawyer or understanding the statutory benefits available?
what if your WPI never stabalises
If your WPI (Whole Person Impairment) never stabilizes, it might affect the timing and outcome of your claim. Here are a few points to consider:
- Medical Review: Regular assessments by a medical professional to monitor your condition.
- Interim Benefits: You may be eligible for interim benefits while your condition is being evaluated.
- Legal Advice: Consult a workers' compensation lawyer for specific guidance tailored to your situation.
Would you like help finding a workers' compensation lawyer or need more information on interim benefits?