WorkCover is the body that oversees workers compensation and injury management in Australia. Every employer who runs a business must take out workers compensation insurance so that they are covered in the event of injury or harm to staff through the course of their employment.
If you have sustained an injury at work, it’s possible you may have a claim for compensation through WorkCover. WorkCover’s job does not revolve around maximising your entitlements, taking into account and recovering compensation for the widespread impact of your injuries following your accident at work. This is why it’s always best to seek expert legal help following your injury so you can ensure you get what you are entitled to.
Our offer to you
Common questions about Further Information about WorkCover Compensation Claims
Generally speaking, the following is usually covered:
- Injuries that occur at work or during work activities (including lunch breaks)
- Injuries suffered whilst travelling as part of work
- Injuries suffered whilst having medical treatment for a separate work injury
- Any disease caused by work (including mesothelioma, industrial asthma etc.)
- Any disease or pre-existing condition made worse by work
For major procedures, prior approval from WorkCover is usually necessary unless the treatment is urgent.
A lawyer will be able to tell you what is available for your situation once they know more about your case.
Diseases which can be covered by WorkCover include:
This means that most workers are covered for injuries that occur at work, including:
- A casual or permanent employee
- A full time or part time worker
- An “outworker” (working at home)
- Work experience students
- Volunteers (depending on situation)
- Self-employed workers (depending on situation)
If you are employed by the commonwealth government or one of its agencies, then you will likely be covered by ComCare, which is a different scheme. If you are unsure which scheme you may be covered by, contact a lawyer who can help you look into your situation.
Some large multi-state companies are able to become self-insurers under the ComCare scheme. This usually includes some banks and transport companies.
Compensation can cover:
- Medical treatment and rehabilitation costs
- Loss of wages
- Travelling expenses
- Permanent impairment compensation
- Return to work services
- Death compensation claims
If your employer has offered you a different kind of job within the company, they are required to provide you with equivalent work if you recover fully or suitable employment if you do not. If an employer fails to provide appropriate work it can be an offence under the WorkCover legislation.
If you are being treated unfairly at work as a result of your claim, or if you are concerned about any role your employer has offered you, it is important you seek expert legal help to ensure your rights are protected.
Under some industrial agreements, awards, workplace agreements or contracts, some employers are obliged to continue superannuation contributions for a limited period whilst a claimant is on WorkCover, for example, 12 months.
These payments vary from worker to worker, and depend on:
- The amount of your pre-injury earnings
- The level of your incapacity
- The length of time you have received payments
- Whether or not your employer has offered suitable work
If your weekly repayments have stopped, but you are still too injured to work in the same capacity – it’s possible you may still have a claim. Contact a lawyer so they can look at your situation and see if there is room to dispute the decision from WorkCover.
If your weekly repayment amount doesn’t seem correct, it’s important you review and seek expert legal help.
You may be able to make a claim for a work related death if your relation to the departed is:
- A spouse (even if they also work);
- Dependant children including full time students up to age 21;
- A partner (including a same sex partner) of the deceased worker; and
- Anyone else who was wholly or partly dependent.
The amount you can claimfor a work related death depends on a number of factors, including the number of dependents, the type of work, the state laws, among many other things.
A lawyer will be able to give you a good indication of how much compensation is available once they know the facts of your situation.
WorkCover is an insurer and as such they are not focused on maximizing your entitlements.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Why choose Shine
Meet the team
Shine Lawyers also have accredited specialists in personal injury law across the nation:
Stuart Le Grand, Melbourne
Ron Kramer, Fairfield
Susan Newman, Sydney
Zlatko Mackic, Liverpool
Jodie Willey, Brisbane
Kathryn Rayner, Townsville
Melissa O'Neill, Brisbane
Michelle Wright, Springwood
Roger Singh, Brisbane
Simon Morrison, Brisbane
Latest from the blog
Back to school road safety
During the busy rush of getting kids ready for a new year of school with books, uniforms and bags, it’s important for parents to ensure their children are stepping into the new school year on the right, and safe, foot. A recent study has returned some alarming statistics, showing that over 70 percent of drivers […]Read more
SSM: Wedded bliss still needs legal protections. A checklist for the newly married.
It’s an exciting day for same-sex-couples in Australia who are now able to officially wed from today but a legally binding marriage isn’t the safeguard for all your rights. It is important to remember there are legal changes all married couples still need to make to ensure their new husband or wife is protected under […]Read more
Mark Bates – This is my story
Mark was an electrician by trade, the bread winner for his wife and daughter. A fit and active 43-year-old, Mark enjoyed riding motorbikes, particularly his Yamaha Road Star. Mark was returning home from work. Mark was riding his motorbike home from a job site when he was t-boned at an intersection by a four-wheel drive. […]Read more