Workers
Compensation Claims

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Common Questions

Am I eligible for Workers Compensation?

If you have been injured at work, or during work activities, 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 want to understand your rights, contact us and one of our specialist lawyers will talk you through.

What types of injuries are covered by Workers Compensation?

Work environments are very different and can result in all kinds of injuries. Most injuries result from a single incident, others develop over time and are caused by the nature and conditions of work (for example a repetitive strain injury).

Here is a list of injuries that we see a lot:

  • 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 by any means, so don’t worry if you don’t see your injury or illness. Any injury is covered so long as it is work-related.

How much compensation will I get and what benefits can I claim?

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.

Here are some examples of additional claims you may have if you are injured at work:

It takes an experienced lawyer to clearly identify when and how these additional benefits apply to a work-related injury. Unless your lawyer has a deep understanding of the law, there is always the risk that he or she 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.

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?

There are no hard and fast time limits when it comes to Workers Compensation claims. You need to report your injury to your employer and lodge the claim within 30-days of becoming aware of your injury. But your claim will still be accepted outside the 30-day time limit if the reason for the delay was a mistake or ignorance on your part. For example, 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.

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. It is important that you obtain proper legal advice regarding this, as 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.

Read more about Work Injury Damages Claims, or contact one of our lawyers, and they can talk you through everything you’re entitled to.

Do I have a Total and Permanent Disability (TPD) 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. Read more about TPD Claims, or contact one of our legal experts. We’ve got an entire team of lawyers specialised in superannuation and insurance claims that can talk you through everything you’re entitled to.

Why trust us with your Workers Compensation claim?

As winners of “Most Outstanding Australian Compensation Law Firm” (AI 2019 Excellence Awards), and “Australian Personal Injury Law Firm of the Year (Corporate INTL Global Awards, 2018), you can trust you have one of the best Workers Compensation Law Firms in Australia working for you.

  • In 2019 alone, we earnt our Workers Compensation clients over $38 million.
  • With over two decades in the industry, means we know how to fast track your claim and get your money to you and your family as soon as possible.
  • Our reputation for being tough, experienced and well-prepared means that the insurance companies are more likely to take your claim seriously and pay you proper entitlements.
  • As one of Australia’s largest compensation firms, we have the financial muscle to go the distance against the limitless resources of the large insurance companies.
  • It’s a tough time for you, full of financial and emotional challenges. The last thing you need is more uncertainty. With us, you have your own lawyer the whole way, guiding and supporting you through the entire process so you can step back and concentrate on your health.

We’ve got what it takes to get you back on track. But don’t just take our word for it, check out our google reviews or watch what some of our clients say about us.

10 Reasons To Choose Us

You can afford high quality legal representation without having to pay any upfront costs. We will never charge unless we successfully recover compensation. This means that if your claim is unsuccessful, you don’t have to reimburse us for any of the legal fees and expenses associated with your case.

Free advice from a solicitor

You can get free advice from one of our expert lawyers both on the phone and or in person. How does it work? You simply call us at 1300 769 665 and you will be transferred to one of our lawyers who will provide you with clear and comprehensive advice free of charge. You can also submit an enquiry online and, again, our written advice to you will be obligation free.

98% cases won

We win the overwhelming majority of our cases. Obviously, this doesn’t happen by chance – only hard, diligent work gets results. What does it mean for you? It means that nothing is left to chance and no stone is left unturned in getting you the successful result you deserve.

Award winning law firm

At MCL we take pride in our work and work tirelessly to be the best in the industry. We have been voted Personal Injury Law Firm of the Year 2018 (ACQ5 Global Awards) and Most Outstanding Australian Compensation Law Firm (AI 2019 Excellence Awards).

4.8 Star rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, Monaco has the highest Google rating within the industry.

Leaders in our field

For over 20 years MCL has been a leader in the field of compensation law. With 43 offices nationwide, we can deliver our services to you wherever you are. No matter how big or small your claim, we have the expertise to handle it successfully.

We are specialists in compensation

At Monaco, our lawyers are some of the best trained and qualified in the industry. We have a team dealing exclusively with Workers Compensation claims, headed up by an Accredited Specialist. So no matter how complex your claim, we have the expertise to handle it successfully.

Maximum compensation

Don’t let insurance companies pay less than your claim is worth. You deserve substantial compensation for your suffering and it is our responsibility to get it for you. We have the training and expertise to ensure that nothing will be left to chance when preparing your claim. The result – maximum compensation recovered in every case.

We are in for the long haul

Compensation claims can be expensive to run. We have the financial muscle to go the distance against the limitless resources that can be deployed by the insurance companies. If we take your case, we’ll run it on a No Win No Fee basis, so you have nothing to lose.

Home and hospital visits

We have dealt with injured people over many years and understand that sometimes travelling to see a lawyer can be difficult. This is why we offer our free home and/or hospital visit service. All you need to do is ask!

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