Workers Compensation

Were you injured at work? We can help you access a range of benefits and compensation under the Workers Compensation Scheme.

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Common Questions

Am I eligible?

If you have been injured at work, or during work activities, then yes, you’re eligible for Workers Compensation. Here is a list of workers who are eligible:

  • Permanent employees
  • Casual employees
  • Both part-time and full-time employees
  • In most cases, subcontractors

If you are unsure of the next step, or you just want to understand your rights, contact us and one of our specialist lawyers will talk you through.

Is my injury covered?

Any injury is covered so long as it is work-related.

Some injuries result from a single incident, and others develop over time and are caused by the nature and conditions of the work, (like a repetitive strain injury). Some examples are:

  • Construction site injuries
  • Lifting injuries
  • Office- related injuries
  • Fly in fly out worker injuries
  • Muscular injuries
  • Mental illness or breakdown related to work
  • Farm injuries
  • Machine injuries

This is not a complete list so don’t worry if you don’t see your injury or illness above. If you were hurt at or because of work, you’re covered.

How do I apply for Workers Compensation?

If you have been hurt at work then:

  • Get medical attention right away, even if your injuries seem to be minor.
  • Tell your employer as soon as possible. They need to be notified in writing within 30-days, or your claim may be rejected.
  • Ask your treating doctor for a Medical Certificate for Compensation.
  • Fill in a Workers Compensation Claim form. Your employer has to provide this on request.

Remember, you are still entitled to Workers Compensation even if you were at fault.

Are there any time limits?

Not really. You just need to report your injury to your employer and lodge the claim within 30 days of becoming aware of your injury. Your claim will still be accepted outside the 30 day time limit if the reason for the delay was a mistake or if you were unaware that you could claim Workers Compensation.

If it’s been more than 30-days since you became aware of your injury, get some legal advice. Our team of lawyers can tell you what your options are free of charge.

How much compensation will I get?

As part of your Workers Compensation claim, you can claim:

  • Weekly payments to cover loss of earnings
  • Medical expenses
  • Travel expenses
  • Rehabilitation expenses
  • A lump sum payment in cases of serious injury where your Whole Person Impairment is assessed at 10% or more

Workers Compensation claims rarely result in substantial payouts. You will receive your lump sum payment if you have suffered a serious permanent injury, but in most cases, it will not be enough to compensate you for all your pain and suffering and other losses.

This is why we always consider your legal position fully and identify ADDITIONAL CLAIMS you may have when you come to us with your Workers Compensation claim.

ADDITIONAL CLAIMS: Can I sue my employer for negligence?

In addition to your Workers Compensation claim, you may also be able to sue your employer for negligence, which is known as a Work Injury Damages (WID) claim. These claims can often be very valuable and result in payouts worth hundreds of thousands of dollars.

You may have a WID claim if:

  • Your employer was negligent and didn’t take reasonable care for your safety
  • You can’t earn as much as before
  • You have already received your lump-sum benefits for permanent impairment

Unless your lawyer has a deep understanding of the law, there is always the risk that they will fail to consider your legal position carefully, and, as a result you could miss out receiving valuable additional compensation for your work-related injury. Contact one of our lawyers, and they can talk you through everything you’re entitled to.

ADDITIONAL CLAIMS: Do I have a Total and Permanent Disability claim as well?

Probably. TPD stands for Total and Permanent Disablement, and you access these benefits under your superannuation or personal insurance policy. The name is misleading - you don’t have to be completely disabled to make a claim.

You’re eligible if you are permanently unfit for your regular job because of illness or injury. It doesn’t matter how your injury or illness happened, just that you can’t do your usual job or any other job for which you are qualified, or have the skills or experience.

Like many Australians, you may be covered for TPD and not even know. We’ve got an entire team of lawyers specialised in superannuation and insurance claims that can talk you through everything you’re entitled to.

ADDITIONAL CLAIMS: Do I have an Income Protection Claim?

If you are injured or too sick to work for a limited period, in addition to your Workers Compensation, you might be entitled to a weekly or monthly payment through your super fund or insurance policy.

These benefits are called income protection, salary continuance or total or temporary disability (TTD). And they are all in addition to your hard-earnt super.

Generally, income protection pays you:

  • Up to 75% of your wage plus super
  • Monthly (but it can be weekly)
  • For a set period (e.g. 2 years, 5 years)
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98% Success Rate

We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim. In 2020 alone, we won $68 Million for our Workers Compensation clients.

Why choose our team of Workers Compensation Lawyers?

Not all Workers Compensation lawyers are created equal.

In Australia the government has made sure that if you are injured at work, you are guaranteed basic compensation. Just about any lawyer can help you through the process of making a basic workers compensation claim. However, not every lawyer will do what we do.

Voted “Compensation Law Firm of the Year in Australia 2020” and Law Society Specialist Accreditation, we have the skill and experience to uncover all the other claims that you may have. Harder to identify, more difficult to prepare, these claims can often be overlooked by other lawyers. But they are worth significantly more than your basic workers compensation claim.

When you put our experience and commitment in your corner, your chances of securing your future get much, much greater.

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Award-Winning Lawyers

In 2020, we were awarded “Compensation Law Firm of the Year in Australia” (Global Law Experts) and “Personal Injury Compensation Law Firm of the Year” (ACQ5). Be confident your Workers Compensation claim is in good hands.

Workers Compensation Specialists

We have a large team dealing exclusively with Workers Compensation, headed up by Accredited Specialists who know Workers Comp inside and out. That means no matter how complex your claim, we have the expertise to handle it successfully.

We Maximise Your Workers Compensation

Make sure you get everything that you are entitled to. Collectively, our Compensation Team has over 200 years’ experience in the field. This is why we are able to back you with our 100% No Win No Fee Guarantee.

Our Unique Perspective

Many of our lawyers worked for insurers before joining us, so we know how to cut through the strategies and tactics insurance companies might use to put you off or decline your claim.

36 Offices Australia Wide

With offices all over Australia, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.

Fast-Tracked Claims

We have developed procedures that mean your claim can be lodged quickly, so you get to access your valuable benefits sooner.

What to expect during your Workers Compensation Claim Process

When you’ve been injured at work, the idea of tackling a legal claim can feel daunting. But don’t worry. You’ll have your own lawyer who will guide and support you through the entire process. We handle everything, so that you can focus on your recovery.

  1. You lodge your Workers Compensation claim Lodge a Workers Compensation claim within 30 days of becoming aware of your injury. If it's been longer, you still have options but should speak to a lawyer immediately. Whether your claim is accepted or rejected, we can help you.
  2. You get in touch with us The most important thing to do at this early stage is to speak to a lawyer and understand your options. We’ll tell you everything you need to know, including if you have additional claims and are eligible for lump sum compensation obligation free.
  3. We'll organise any immediate assistance you need If you choose to engage us, you will have one lawyer who will be your point of contact the whole way through. Your lawyer will apply for any immediate compensation benefits or care that you might need. This could include weekly compensation benefits, medical expenses as well as extra support at home.
  4. We’ll investigate and gather evidence for you Your lawyer might need to obtain medical information from your treating doctors to understand your injury better, and the impacts it has on your life. We may also speak to your co-workers and any witnesses to understand how your injury happened. Your family members or friends may also be able to help us understand how your injury has affected your life.
  5. You'll receive compensation or begin court proceedings Our thorough preparation of your evidence means most cases are settled without going to court. However, if the insurer fails to pay your benefits and entitlements, we may need to lodge your claim with the relevant tribunal. If this happens you are still covered by our No-Win No-Fee Guarantee.

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