If you have sustained an injury at work, or have been injured during travel to and/or from work, you may be entitled to claim workers compensation. You may even qualify for workers compensation for conditions such as ‘repetitive strain injury’ (RSI) and stress due to being over-worked. In these instances, it’s imperative that you seek the advice of an experienced workers compensation lawyer.
Our Workers Compensation Lawyers have extensive experience with managing Workers Compensation claims and helping victims of work related injuries to achieve the maximum compensation they are entitled to.
Expenses for Workers Compensation Claims
You are not required to pay any fees up front as your employers Workers Compensation Insurance companies will cover all fees incurred in a legitimate Workers Compensation Claim. To arrange a meeting with an experienced workers compensation lawyer, contact us today as strict time limits often apply to workers compensation claims.
What can Workers Compensation Cover?
- Pain and suffering
- Loss of wages and superannuation benefits
- Medical expenses
- Rehabilitation expenses
- Retraining in certain circumstances
Eligibility for Workers Compensation Claims
If you are a ‘worker’ as defined by WorkCover (your state’s statutory authority) and have suffered an injury as defined in your state’s Workers Compensation Act, then you are eligible to receive benefits. However, your employment must be determined to be ‘a significant contributing factor’ causing your injury for you to be entitled to claim benefits. Work injuries that involve workers compensation can include:
- Personal Injury including cuts, abrasions, fractures & broken bones and significant soft tissue injury
- Aggravation of an existing personal injury or illness that leads to further damage
- Death due to injury, disease or aggravation of either
- Mental or psychological disorders
Claims for mental and psychological disorders can often be difficult to prove. In these instances, WorkCover assess external factors to determine whether you will be compensated for your disorder. You will often be requested to produce witnesses who are willing to provide statements to support your claim.
For example, if you have suffered a physical or psychological injury as a result of your working conditions, witnesses who experienced or had prior knowledge of the conditions can provide evidence of this situation for the courts. Our workers compensation lawyers can provide you with guidelines on the matter.
Workers Compensation – Travel To & From Work
WorkCover’s workers compensation covers injuries that occur on the way to and from work. However, WorkCover will not provide compensation if the injury:
- Is completely, or partly caused by your action (e.g. drink driving, failure to read road signage)
- Occurs during, or after a substantial delay or interruption/deviation from the journey before you start the journey
Claiming for Workers Compensation
If you have been injured at work and wish to apply for compensation you should:
- Report the injury to your employer immediately
- Seek medical attention – if you cannot continue working due to injury, you should visit a doctor to receive a WorkCover approved medical certificate
- If the doctor agrees your injury is work-related, request a Workcover approved Medical Certificate. You will need to send a copy of the medical certificate to WorkCover and one to your employer.
- Keep copies of all Workcover medical certificates.
- Complete an ‘Application for Compensation’ form (available from your employer, union or WorkCover branch)
- Complete an ‘Employment Declaration’ form (for those claiming lost wages due to time off work (available from WorkCover and even your local Australian Post
- Provide copies of all paperwork completed to WorkCover (including all forms mentioned above, if applicable, documenting the injury)
WorkCover may wish to interview you, your witnesses, doctors and employer to reach a decision regarding your application for compensation and may require medical documentation up front. In circumstances where your claim is complex, WorkCover may refer you to an independent Medical Assessment Tribunal.
Workers Compensation and Employer’s Responsibilities
In NSW the statutory authority on workers compensation is ‘WorkCover’. However, in the event that your employer is classified a ‘self-insurer’ (those who have obtained alternative insurance for their employees), you will need to make a claim for workers compensation directly from your employer instead of WorkCover. Under this arrangement, WorkCover can help review the decisions made by your employer to ensure they are fair and just.
If your employer does not have appropriate Workers Compensation insurance cover, they are in breach of the Workcover act. If this is the case, you should immediately contact WorkCover to inform them of the facts, then contact one of our specialist worker’s compensation lawyers at Shad Partners Compensation to assist you with your workers compensation claim. For circumstances such as this, WorkCover provides a fund to cover some or all of your related expenses and compensation. Prime law can assist you in gaining access to this fund.
In certain circumstances you may be able to sue your employer for damages as a result of an accident at work. To do so, you will need to be whole of person impaired by at least 15% as assessed by approved WorkCover specialists. Shad Partners Compensations Lawyers has extensive experience in Workers Compensation and employer negligence claims, can guide you through the difficulties and complexities of workers compensation claims and insurance litigation. Workers’ Rights, WorkCover & Workers Compensation Claims.
In our experience, it is not uncommon for insurance companies to try to settle Workers Compensation Claims prior to a court hearing for sums that we feel are significantly less money than what we would have anticipated would be achieved in Court.
To ensure you receive the maximum compensation or a fair settlement, it is pertinent to contact a workers compensation lawyer as soon as possible.
Workers Compensation Statutory benefits may include:
- weekly compensation payments (up to 85% of normal weekly wages)
- medical costs (treatment, hospitalisation, rehabilitation etc)
- transportation expenses
- lump sum compensation for whole of person impairment and in certain cases, for pain and suffering
If you need any assistance contact one of our lawyers at [email protected] or call 02 9790 7000 for a no-obligation discussion and for expert legal advice.