Work Injury Compensation for Workplace Injuries
Workers Compensation for Workplace InjuryAs to be expected, in a situation where a party is responsible for injury to another person, the Australian courts have developed laws allowing the injured person to claim compensation from the person and/or business responsible for the injury. This is called a personal injury claim. If proven that the defendant is responsible for the injury incurred, that means that there was a significant proof of negligence on the part of the defendant. A Personal Injury Lawyer will help you in your mission of proving negligence.
What is workers compensation?If you are injured either at work or on your way to or from work you may be entitled to compensation under the relevant State Act. You may also be entitled to work injury compensation if you are injured whilst on a break, attending training and business travel for work.
Regardless of whether it is your fault or not, you may still be entitled to receive workers compensation payments, payment of any necessary and reasonable medical expenses including travel expenses to and from your treatment and pursue a lump sum payment from the workers compensation insurers. Workers Compensation is not a fault based scheme.
When can I claim?Time limits can apply for workplace accident compensation claims, however, exceptions to the rule can be made. You should lodge your claim as soon as possible.
If you were injured more than three years ago, please don't hesitate to contact Legal Injury today and one of our experienced staff will talk to you about ways you may be able to make a claim even if the time limit has expired.
How do I claim?
In order to claim, you must first advise your employer that the incident has occurred and you have sustained an injury. Even if you don't think your injury is severe at the time, tell your employer as the full extent of the injury may not be known.
A workers compensation claim should then be lodged with your employer who will advise the relevant insurance company. You will need to supply medical evidence from your GP to support your claims that you were injured at work.
If you have to take time off work you should begin receiving workers compensation payments soon after this.
We understand that not only do you have to deal with financial concerns during this time, that the physical pain is there as well. Legal Injury wants to take away the stresses like dealing with the Insurance company when they are not reimbursing your medical treatment expenses, or when they don't pay you're your weekly entitlements. We want to help you recover from your injury with as little emotional strain as possible!
Contact us today about your potential claim and ensure you are being treated fairly by the Insurance company and your employer.
Lump Sum Compensation
If you have sustained a permanent injury you could well be entitled to lump sum compensation for the injury sustained, irrespective of fault or responsibility. As a rule you are best off having a legal solicitor negotiate this aspect of the claim for you and please contact Legal Injury today for assistance in this respect.
Common Law Negligence Claims
If the injury you have suffered occurred as a result of the fault or responsibility of either your employer or another person you might be able to claim under common law. Under various State and Territory law thresholds and time limits have unfairly been introduced to such claims and you need to contact Legal Injury today for expert legal advice on your particular circumstances and entitlements.