Questions About Workers Compensation
What compensation benefits are you entitled to claim under WorkCover?
What kind of injuries does WorkCover give compensation for?
How much workers compensation am I eligible to receive?
Can I claim a lump sum for impairment under WorkCover?
Can I claim damages for pain and suffering under WorkCover?
What must I prove in a claim for damages?
What time limits apply in a workers compensation claim?
When should I contact a workers compensation lawyer?
Shine Lawyers offer a no win-no charge arrangement for workers compensation claims
Making a Workers Compensation Claim
It’s possible that you may be able to claim lump sum compensation to cover loss of wages, medical expenses and rehabilitation costs in addition to other forms of compensation and benefits.
Commonwealth of Australia. It is compulsory for employers to hold suitable workers compensation insurance for their employees, providing different compensation schemes for each state / territories. WorkCover protects injured workers, including part-time workers, casual workers and in many circumstances subcontractors such as owner/drivers and agency nurses. It covers all work activities including lunch breaks. Apart from some rare exceptions, coverage is given irrespective of who caused the injury.
A workers compensation expert from Shine Lawyers will be able to provide legal support and advice on your work related injury and which workers compensation system applies to you, plus your eligibility for a workers compensation claim and the workers compensation benefits available.
Limitations apply to WorkCover claims, which affect the workers compensation you are entitled to, including the state or territory where the injury or disease occurred and the date you were injured. Contact Shine Lawyers on 13 11 99 as soon as possible for advice on your claim.
Workers Compensation Information
Under the Accident Compensation (WorkCover Insurance) Act 1993, you may be entitled to make a claim for compensation if you sustained a work related injury.
WorkCover protects a majority of workers injured in Victoria or Victorian employed workers injured overseas or interstate in the course of their work. WorkCover pays compensation to people who have suffered an injury or are killed in a work related accident where negligence can be established.
Under WorkCover, the following is payable;
• medical and hospital expenses
• rehabilitation treatment and return to work services
• post acute support services
• loss of earnings payments
• common law damages for breach of a duty of care
• lump sums and pensions to dependants and spouses of deceased workers
• lump sum payment for permanent impairment
• travelling expenses
• nursing and disability services
• injuries that occur at work or during work activities (including lunch breaks)
• any disease caused by work
• any disease contributed to, by work, including pre-existing disease if work has aggravated the condition
• injuries sustained at work, including during lunch and other breaks
• pre-existing injuries aggravated by work
• diseases or medical conditions made worse by work
• injuries sustained at work functions
• injuries sustained during work training sessions
• injuries sustained while travelling in the course of work
• injuries suffered while obtaining a medical certificate, examination or treatment or undergoing a rehabilitation program for a separate work injury
• injuries suffered while you are temporarily performing a work activity away from your place of employment
In most cases, WorkCover does not apply when travelling to and from home and work. If you are not covered by WorkCover and your injury involves a motor vehicle or public transport accident you may be entitled to Transport Accident Compensation (TAC) benefits or able to pursue a claim for damages.
Under WorkCover, Compensation is paid for:
• stress/bullying claims
• spinal injuries
• back injuries
• arm injuries / hand or finger injuries
• leg injuries / foot or toe injuries
• head / eye injuries
• repetitive strain injuries (carpel tunnel syndrome)
• death dependency
• fractures
• neck and spinal injuries
• soft tissue injuries
• chemical and asbestos exposure
If work has caused a disease or contributed to the deterioration of a pre-existing (and even non-work related) disease, compensation is payable. Diseases and medical conditions sustained at work, which may be covered by the WorkCover scheme include: cancer conditions, heart attacks, strokes, industrial asthma and other lung conditions, infectious conditions, and psychological conditions
A work injury doesn't just mean suffering physical harm. For example, an injury can be stress-related, causing anxiety, panic attacks and sleeplessness. If you think work made your condition worse, contact Shine Lawyers to discuss making a claim.
Assessing the true value of a case is complex and depends on many factors which are generally not known at the time of your first consultation.
What weekly payments can I get under WorkCover?
A number of factors effect the weekly payments you will receive. WorkCover take into account your pre-injury earnings, level of your incapacity, and whether or not your employer has offered suitable work. Under the current legislation the maximum rate for weekly payments is $1,190. Generally, you are entitled to payments for a period of up to 130 weeks of incapacity, which includes:
• Unable to work: 100% of your normal weekly earnings for up to 45 weeks after which, if you are still unable to return to work, you will receive 75% of your normal weekly earnings.
• If you are able to work, but not on your usual hours: between 80% and 100% of your normal weekly earnings.
For more information on the rates of payments contact a workers compensation lawyer at Shine Lawyers on 13 11 99.
If you suffer a work injury that leaves you with a permanent impairment, you may be entitled to receive a lump sum permanent impairment benefit. The maximum amount payable for impairment is $396,690 which applies to a whole person impairment of 80% or greater.
In addition, if you are the dependant of a worker who dies as a result of a work-related injury, you may be eligible for a lump sum of up to $250,000 plus a pension. If negligence was involved, you may also be able to sue for damages of up to $701,130. You may also be eligible for up to $9000 in funeral expenses.
Making a claim for permanent impairment requires great care in order to ensure that you receive your maximum entitlement. At Shine Lawyers, we have extensive experience in preparing and successfully pursuing applications for serious injury certification. If your injury has been caused through the negligence of another person, contact us for an obligation free consultation about a claim.
A claim for damages (also called a Common Law claim) is usually the only way that substantial compensation can be obtained for the full effects of your injury. In a claim for damages, you are entitled to claim for your immediate and future pain and suffering. You may also be entitled to claim for your current and future income loss due to your injury. Claiming economic loss damages is only permitted in some cases. In order to succeed in this type of claim, you must establish that your employer or some other person was negligent (i.e. breached a duty of care to you), and that as a result you have suffered a serious injury.
WorkCover
• Dean Powell - Common Law $120,000 - pain and suffering, bi lateral arm injuries
• Walid Mohammad - $85,000 - pain and suffering, back injury
• Laree Scott - Stat Benefits $14,000, neck injury - rejected claim.
If you are injured at work, the claim will be made under the WorkCover legislation. If you are injured while traveling for work, but it is a transport accident, it is likely to be made under the Transport Accident Compensation (TAC) legislation. Under WorkCover, there are three elements that you must establish to obtain common law damages:
• You are suffering from a serious injury
• Some other person was negligent
• You have suffered loss and damage as a result.
If you wish to understand more about the definition of a serious injury, contact Shine Lawyers. Our workers compensation lawyers are experts in establishing that claimants have suffered a serious injury.
Under Victorian law, time limits apply to lodging a WorkCover claim and commencing legal actions in relation to work injuries. For most work injuries in Victorian there is a time limit of 6 years from the date of injury.
It is possible for a claim to be brought outside the prescribed time limits, including reasons like being unaware of your legal rights. But, it is important that you obtain legal advice from a workers compensation lawyer to safeguard your interests in relation to the common law damages time limit.
The time limits for lodging claims are as follows;
• Weekly payment claims must be lodged as soon as practicable after the injury becomes apparent.
• Claims for death benefits must be lodged within 2 years of the death.
• Impairment claims should be lodged as soon as the impairment is permanent but, usually, only after 12 months from the date of injury.
If you obtain legal advice early, you will be well prepared to deal with many of the challenges that can emerge in the course of your claim. It is very important to engage a workers compensation expert as soon as practical from your work related accident.
Early investigation and information gathering is critical to the success of your claim. For example, workers compensation lawyers may need to interview witnesses of the work injury, review work injury reports, or organise experts to investigate and report on accident circumstances for your work injury. The quality of the evidence may affect the compensation amount. Your highest priority should be to maximise the extent of your physical and psychological recovery.
Our workers compensation experts provide straight-forward legal advice to ensure you will be well prepared to deal with many of the challenges that can emerge in the course of your claim.
Shine Lawyers will only charge fees for workers compensation claims if the outcome is successful. In other words, no win – no charge. This means that despite financial circumstances everyone has access to justice and legal representation.
Shine Lawyers also offer an obligation free initial consultation with one of our workers compensation lawyers, to give private legal advice on your individual workers compensation claim, including the likely progress and some of the difficulties that can emerge. This personalised approach is how Shine Lawyers try to reduce the stress that a workplace accident can cause in the lives of injured workers and their families.
Shine Lawyers workers compensation lawyers work exclusively in this area of personal injury litigation. Shine Lawyers can prepare and submit your claim for workers compensation and ensure that you receive your maximum entitlement. Our detailed knowledge assessment methods enable us to accurately calculate the value of your claim and provide expert legal advice about disputing your assessment.
To ensure that you get the best result for your workers compensation claim speak with one of our experienced workers compensation lawyers. Call Shine Lawyers today on 13 11 99.
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