What do I have to prove?

You must be able to prove it is more likely than not that:

  • you have suffered a personal injury;
  • your employers failed in their legal duty of care towards you;
  • your injury was caused by your employer's failure (something they did or failed to do), and not by some other factor, such as an underlying medical condition; and
  • it was foreseeable, based on information available at the time, that the failure would lead to your injury.
Note: This content is provided as general background information and should not be taken as legal advice or financial advice for your particular situation. Make sure to get individual advice on your case from your union, a source on our free help page or an independent financial advisor before taking any action.