Workers Compensation Claims
Work Compensation Laws
Please note all the laws in all the States and Territories are completely different - please click the appropriate link below for your state.
What is Workers Compensation?
If you are injured in a workplace accident or on your way to or from work you may be entitled to compensation under the Workers Compensation laws. You may also be entitled to 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, including reimbursement of any necessary and reasonable medical expenses (including travel expenses to and from your treatment), as well as payment to cover your loss of earnings. In addition, you may be entitled pursue a lump sum payment for the injury sustained from the workers compensation insurers. Workers Compensation is not a fault based scheme.
What Should I Do If I Suffer a Workplace Injury?
The first thing that you should do if you suffer a workplace injury is to seek appropriate medical attention. Even if the injury seems minor, always ensure that it is evaluated by a qualified doctor. Most employers require injured workers to have a medical evaluation, but you should undertake a medical check even if your employer does not require this. Make sure that you get a copy of the WorkCover Medical Certificate and keep it in a safe place.
Always report workplace injuries to your employer as quickly as possible, even if they seem inconsequential at the time. Make sure that this report is in writing and try to get a copy for your own records. Most companies will require you to fill out an incident report, but some employers are not aware of their obligations. Never settle for a verbal report – always make sure that the circumstances surrounding the workplace accident are recorded properly.
If the accident was caused by a workplace hazard, try to take a quick photo of it for your records. It is helpful if the photo is time-stamped, but this is not essential.
Finally, if you require ongoing medical attention as a result of your injury make sure that you keep any documents related to your care – this includes copies of any medical records, x-rays, or prescriptions. It is also a good idea to document all visits to your doctor to ensure that you have a complete and accurate record of your treatment.
Following these steps will make it easier to claim compensation for your workplace injury.
When Can I Make a Compensation Claim?
Time limits can apply for workers compensation claims; you should lodge your claim as soon as possible.
If you were injured more than three years ago, please don't hesitate to contact us at Legal Injury and one of our experienced staff will talk to you about ways you may be able to make a claim despite the delay which has arisen.
Do I Qualify for Work Injury Compensation?
Although workers compensation is not a fault-based scheme, you might not be entitled to claim compensation in all circumstances. For example, you might forfeit your right to claim compensation for a work injury if you fail to inform your employer about your injury within a reasonable period of time. You may also lose your right to claim compensation if you were not following company policy or ignoring safe work practices enforced by your employer. In addition, your right to compensation might be lost if you were violating the law when the accident occurred. However, this area can be complex and it is important to get expert legal advice if you have been informed that you may not be eligible to claim compensation.
Note that the law contains strict time limits on how long after an accident that you can file a workers compensation claim. Although the exact details vary from one State to another, insurance companies will often reject compensation claims that are not lodged in a timely manner.
Workplace injury laws are complex and it may be difficult to determine your eligibility for compensation without expert legal advice. For this reason, if you have any concerns about whether you are entitled to make a compensation claim, contact the professionals at Legal Injury for free advice.
How do I make a compensation claim?
In order to make a compensation claim, you must first tell your employer that the incident has occurred and inform them that 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.
What happens if the insurance company doesn't pay?
We understand that not only do you have to deal with financial concerns during this time, but 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 compensation claim to ensure make that sure the insurance company and your employer are treating you fairly.
Am I Entitled to 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, it is best for a solicitor with experience in work injury law negotiate this aspect of the compensation claim on your behalf. Please contact Legal Injury today for help.
What About 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.
Never accept any offers from an insurance company without seeking legal advice from an experienced compensation solicitor. Once you accept an offer, you may sign away your rights to pursue further compensation claims in relation to the matter. Insurance companies are keen to minimise their compensation payouts and will encourage you to accept the first offer. They are under no obligation to inform you that you are entitled to pursue a common law negligence claim and will actively discourage you from doing so in order to keep the compensation payout as low as possible. Talk to the expert compensation lawyers at Legal Injury to ensure that you are aware of your rights before you accept any offers.
All the States and Territory laws are different but please do note there are strict time limits in which the claim must be made. For legal advice and information on your individual circumstances and entitlements you should contact Legal Injury.