If you’re the victim of a work-related injury or disease, you might be eligible to claim workers’ compensation for your losses.
Accidents occur in the workplace all the time. Workers’ compensation protects victims of work-related injury or disease, ensuring they receive damages for their medical expenses and lost income.
Personal Injury Helpline gives you access to personal injury lawyers who are experienced in workers’ compensation claims. We know the claim process can be confusing if you aren’t familiar with the area. This is why we provide the answers and the support you need during this difficult time.
Am I eligible to make a claim for workers’ compensation?
You are eligible to make a claim for workers’ compensation if you:
- Sustain an injury or illness at work, while travelling for work, while on a break from work, or while visiting another site for work.
- Are defined by law as a worker or deemed worker. This can include full-time, part-time, casual, seasonal, piece workers, commission workers, contractors,
Examples of the kind of injuries or illnesses you might be able to claim workers’ compensation for include:
- Injuries such as lacerations, fractures, burns and industrial deafness
- Psychiatric or psychological disorders such as anxiety or depression
- Diseases such as asbestosis or Q-fever
- Aggravation of a pre-existing condition
- Death from an injury or disease.
Whether or not you can claim compensation will depend on the individual circumstances of your incident. Not sure if you have grounds to proceed with a workers’ compensation claim? A personal injury lawyer can assess your situation and advise whether or not you are entitled to make a claim.
How do I make a claim for workers’ compensation?
If you have been injured at work or fallen ill because of your work, you may be entitled to claim compensation from WorkCover, or your employer if they are self-insured.
The process for making a claim through WorkCover generally goes as follows:
- Inform your employer of the incident.
- Be examined by your doctor and obtain a workers’ compensation medical certificate.
- Provide your employer with a copy of the workers’ compensation medical certificate.
- Lodge a WorkCover claim over the phone, online or via email or fax.
- Seek advice from a personal injury lawyer.
- Your claim is then determined by a WorkCover representative. This usually takes a few days. Both you and your employer can deliberate the events
of the accident with the representative over this period.
- The representative will inform both you and your employer of the outcome.
- If your claim is successful, you will need to provide your bank details for the compensation payments.
- If your claim needs further management or assistance with return to work, it will be case managed by a customer advisor.
In the case where your employer is self-insured, they will need to lodge a compensation claim on your behalf. You will still need to inform them of the incident immediately and provide a copy of your workers’ compensation medical certificate to build your case.
The claims process varies from state to state. A personal injury expert can guide you through the process relevant to your location.
What expenses are covered by workers’ compensation?
The expenses you receive benefits for will depend on your individual circumstances and where you live. Generally, workers’ compensation will cover expenses including:
- Lost income
- Medical, surgical and hospital (including pharmacy and counselling)
- Rehabilitation and disability services
- Care and assistance at home
- Travelling expenses
- Expenses arising from a death including funeral costs.
Some of the expenses workers’ compensation will not cover include damaged clothing or jewellery, damaged vehicle (if the injury occurs during travel) or unauthorised hospitalisation expenses.
How much compensation am I entitled to?
The amount of compensation you receive will depend on your individual circumstances. Factors that influence the total you receive might include the level of pain and suffering you experience and the impact your injury or illness has on your everyday life.
How long does it take for a workers’ compensation claim to be decided?
The insurer has 21 days to determine whether or not they will accept liability for your injury or illness. If you are receiving weekly compensation payments, the insurer can prolong this for 12 weeks or until your weekly payments cease.
The experts at Personal Injury Helpline can answer all of your questions surrounding workers’ compensation. Complete our online form or call us on 1800 435 754 to discuss your situation today.