Questions About Workers Compensation Claims
What compensation benefits are you entitled to claim under WorkCover?
What kind of injuries does WorkCover give compensation for?
Can I access a lump sum payment through a WorkCover claim?
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 fee arrangement for workers compensation claims
Making a Workers Compensation Claim
If you suffer an injury in the course of your employment, you may be entitled to workers compensation.
It’s possible that you may be able to claim compensation to cover loss of wages, medical expenses and rehabilitation costs in addition to other forms of compensation and benefits.
Workers compensation is an initiative by the Commonwealth of Australia. It is compulsory for employers to hold suitable workers compensation insurance for their employees, providing different compensation schemes for each state or territories. Workers compensation covers injured workers, including part-time workers, casual workers and in many circumstances subcontractors such as owner/drivers and agency nurses. Apart from some rare exceptions, coverage is given irrespective of who caused the injury.
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. A workers compensation expert 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.
What compensation benefits are you entitled to claim under WorkCover?
Under the Workers Compensation and Injury Management Act 1981, you may be entitled to make a claim for compensation if you sustained a work related injury.
If you suffer an injury as a result of a work related accident you may be entitled to a range of compensation benefits through a Workers compensation claim.
Under the WA Workers compensation system, the following is payable;
• medical treatment
• hospital expenses
• loss of wages
• travelling expenses
• lump sum payment for permanent impairment
• rehabilitation treatment and return to work services
What kind of injuries does WorkCover give compensation for?
Workers compensation benefits may include;
• 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
A work injury doesn't just mean suffering physical harm. For example, an injury can be stress-related, causing anxiety, panic attacks and sleeplessness.
In most cases, workers compensation does not apply when travelling to and from home and work. If you are not covered by workers compensation and your injury involves a motor vehicle or public transport accident you may be entitled to motor vehicle third party insurance benefits or able to pursue a claim for damages.
What time limits apply in a workers compensation claim?
If you have sustained a work injury, you generally have 12 months to lodge your workers compensation claim with your workers compensation insurer. You must also seek medical assistance and obtain medical evidence to show that your injury is work related.
It is possible for a claim to be brought outside the prescribed time limits. However, 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.
Can I access a lump sum payment through a workers compensation claim?
It is possible to “redeem” your claim and obtain a lump sum payment comprising:
• permanent impairment
• weekly wages
• medical treatment
• rehabilitation
• travelling expenses
To determine whether you are eligible for a lump sum payment you should speak to a workers compensation lawyer.
What if the injury was not your fault?
If the injury was not your fault, you may be able to sue your employer (or another party) to seek lump sum compensation. This is known as a common law claim. You must establish that your employer's negligence led to the injury, i.e. that their duty of care toward you, the worker, was breached to obtain common law damages.
To be able to bring a common law claim against your employer you must establish that you have a level of permanent disability or permanent impairment:
• For Injuries Prior to 14 November 2005: The maximum amount payable for impairment applies to a WPI of between 16% and 29% the maximum. However, this maximum will be awarded only in the most extreme cases. If your disability is assessed as being 30%, your claim will be uncapped.
• For Injuries on or after 14 November 2005: The maximum amount payable for impairment applies to a WPI not less than 15% and less than 25%. In the event that you obtain a WPI of 25% or more, your claim will be uncapped.
Strict time limits apply to:
1. establishing your level of permanent disability or permanent impairment,
2. electing to issue common law proceedings; and
3. commencing common law proceedings in the District Court
Making a common law claim requires great care in order to ensure that you receive your maximum entitlement. If your injury has been caused through the negligence of another person, you should contact a legal representative.
Are there any other benefits you can claim?
If you suffer an injury at work you may also be able to claim a lump sum payment through your superannuation policy.
Many of us have a personal insurance policy, such as life insurance, superannuation, income protection insurance, sickness and accident insurance and can access a lump sum payment through our policy if we sustain an injury in an accident.
An experienced workers compensation lawyers will be able to assist you in identifying whether such benefits exist in your superannuation and/or insurance policy and submit a claim on your behalf. If your application is rejected, your workers compensation lawyer will advise you of the process for challenging the decision.
What are the time limits for workers compensation claims?
There are complex time limits for both lodging WorkCover WA claims and commencing legal actions that apply to work injuries.
Time limits for commencing court actions for negligence are subject to very complicated rules. As an injured worker and depending on your level of disability or impairment you may have to choose whether to continue to receive weekly compensation payments or to pursue a common law claim. We suggest you consult a workers compensation lawyer for advice on the time frames that apply to you.
For most work injuries which occur in Western Australia, your damages claim must begin within 3 years of the date of the injury or you will be precluded from pursuing a common law claim. For some injuries you will have 6 years to make a claim. If you believe you have an entitlement to a common law claim, it is vital you consult a lawyer at your earliest opportunity to protect your rights.
When should I contact a workers compensation lawyer?
If you sustain a work related injury, it is very important to engage a workers compensation expert as soon as practical. 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.
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.
Shine Lawyers offer a no win-no charge arrangement for workers compensation claims
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.
If you believe you have suffered an injury as a result of a work-related accident, please seek legal advice as soon as practical. The complexity of time limits in a workers compensation claim makes it critical that you obtain advice about your situation immediately.
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