Workers Compensation

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.

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.

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.

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.

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 over 10%.

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.

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.

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.

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)