I was injured at work while using a defective plant machine. Can I recover compensation through workers’ compensation and through private litigation against the manufacturer for producing defective products?
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.
Answer by Shamila Khan, Kingsville 3012 VIC
- No. A victim cannot ‘double dip’ for damages. If you recover damages for loss or harm through a workers’ compensation schemes then the amount awarded to you will be taken into account in calculating any damages payable in your claim against the manufacturer.
- Your employer or their worker’s compensation insurer may decide to join the proceedings and argue that the manufacturer should have to pay the extra damages that you are not allowed to receive as a contribution towards the workers’ compensation that has been paid to you.