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Workers Compensation

Construction worker | Shine Lawyers

If you’ve been injured in the workplace, your life can change in an instant. You can feel like you’re losing control and that no one is there to listen – that’s when many people start to seek legal help.

Workers' compensation is designed to support workers who have been injured on the job. Our legal teams are experts in workers compensation law and will help you start a claim and secure the money you need to regain your independence.

Different states, different rules

The laws surrounding workers' compensation claims differ in each state.

What is covered by workers' compensation?

The workers' compensation scheme includes the following incidents:

  • Injuries at work, as a result of work or during work activities
  • Diseases caused by work
  • Diseases or pre-existing conditions made worse by work
  • Injuries suffered while travelling for work
  • Injuries suffered while receiving medical treatment for a separate work injury

Workers' compensation claims can also cover you for psychological and stress-related injuries, such as a heart attack or stroke.

As part of your compensation claim there are a number of factors that are taken into account. These largely focus on the gap between your new life path and predicted life path and the expenses you have incurred as a result of your injury. Compensation may include cover for:

  • Medical and hospital bills;
  • Loss of wages;
  • Travel expenses;
  • Permanent impairment compensation;
  • Rehabilitation costs; and
  • Return to work services.

Your workers compensation lawyer will be able to assess all the circumstances of your case, and let you know exactly what you're entitled to.

Conciliation when it comes to Workers Compensation

Conciliation involves two parties, generally an employer and employee, come to an agreement over a dispute.

The primary agenda of the Workers’ Compensation Conciliation Service is to settle these disputes by mutual agreement when possible with the assistance of an impartial and independent Conciliation Officer.

During this process, each party is given an opportunity to present their side and to offer evidence and other information to support it. There is a possibility that this can happen over the phone quickly and informally, but most of the time it is done in a conciliation conference in person.

Although many disputes are resolved at the conclusion of these meetings, it is encouraged that both parties resolve their dispute independently of the Conciliation Service. If the dispute is not resolved at the end of the Conciliation process, a genuine dispute certificate may be issued which allows the parties to commence proceedings in the Magistrates Court to determine the dispute.

To begin the Conciliation process, you will need to lodge an application with the Conciliation Service and ensure you have any evidence to support your claim available.

Impairment Benefits

Impairment Benefits provide claimants a lump sum compensation for their permanent impairment or disability that occurred through a work-related injury. It is compensation for non-economic loss that is the result of permanent injury/impairment.

There are criteria one has to meet to be eligible for an impairment benefit payment and it is separate from any sort of compensation one has received for loss of income and medical expenses. To be eligible for an impairment benefit payment, one must have their illness or injury properly assessed by specific physicians known as Independent Impairment Assessors, who are specially trained in assessing certain injuries according to specific guidelines.

Examples of permanent impairment can include, but is not limited to:

  • A neck or back injury
  • An amputated limb, finger or toe
  • A reduction in shoulder, elbow, wrist, hip or knee movement.

Bringing a claim for compensation

Each workers compensation case is unique and the legal process will differ depending on the facts of each situation. However, the below video provides a general overview of the process for bringing a claim for compensation with Shine Lawyers:

If you believe you have a workers' compensation claim, get in touch with our team via phone or the contact forms below.

Our offer to you

  • Obligation-free consultation to assess your case confidentially

  • Claim assessment process where we will explain all of the options available to you

  • We can come to you - if you can't make it into the office we're more than happy to come to you

  • No Win No Fee arrangement

Common questions about Workers Compensation

Employers must have compulsory Workers Compensation insurance for employees in their workplace.

Compensation under the WorkCover scheme can include weekly payments, medical expenses and an impairment lump sum and can be provided regardless of who was at fault.

The Workers Compensation scheme covers:

  • Casual and permanent employees
  • Full-time and part-time employees
  • Some self-employed workers
  • People deemed to be workers
  • If you think you are the victim of a workplace injury or illness, we can help.

Workers compensation falls under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.

The workers compensation legal process can be quite complicated depending on your case. The below image is a good representation of how someone can move through the legal process with Shine Lawyers and get the compensation they need to move forward.

Claims Process Diagram

Injuries covered by the Workers Compensation scheme include:

  • Injuries suffered at work, as a result of work or during work activities
  • Diseases caused by work
  • Diseases or pre-existing conditions made worse by work
  • Injuries suffered while travelling for work
  • Injuries suffered while receiving medical treatment for a separate work injury

A number of factors can affect the amount of compensation you may be entitled to. Once we meet with you and get a grip on your situation, we can give you a better idea of what to expect when we start moving your claim forward.

A work injury doesn’t have to be physical. It can also be stress-related such as a heart attack or stroke or worsening of a pre-existing disease or condition.

Examples of workers compensation cases include:

Workers Compensation insurance is compulsory for all Victorian employers.

If you’ve been injured at work and the employer is found to be responsible, it’s your employer’s insurance company that will pay your compensation.

If you make a claim against your employer, they are not allowed to treat you differently during the process. If they do, they could be held liable for discrimination.

At Shine Lawyers, we can help you make a claim while ensuring you are not treated unfairly for standing up for your rights.

If you’ve been injured at work, you could be entitled to compensation benefits through a Workers Compensation claim.

Workers Compensation covers injury or death suffered following a work-related accident and where your legal team can prove your employer was negligent.

If the injury was not your fault, your legal team may be able to claim for:

  • Medical and hospital expenses
  • Loss of wages
  • Travelling expenses
  • Permanent impairment compensation
  • Rehabilitation expenses
  • Return to work services
  • Death compensation claims.

In most instances a monetary value is placed on the gap between your life path before the injury, and your life path since the injury.


Compensation Diagram

Workers Compensation does not usually apply if you were travelling to or from work.

If your injury involves a motor vehicle or public transport accident you could be entitled to motor vehicle accident insurance compensation.

The amount you will be able to claim will depend on the particular facts of your situation.

Certain things that may affect the amount you can claim include the state or territory where your injury happened and the date of your injury. Once we have put together all of the evidence we should be able to give you a better idea of what to expect.

To ensure you get the best outcome from your claim, it’s important that you seek advice from your legal team before accepting any lump-sum payment from an insurer.

Each case is different but we’ll move as quickly as possible to get your claim finalised and get you back on your feet.

How long your claim will take depends on how complicated your situation is, how serious your injuries are, and the treatment you need to restore your health. We’ll be able to give you a better idea of timing after we meet with you and get a grip on everything.

Due to strict time limits associated with a workers compensation claim, we recommend that you seek legal advice at as soon as you can to make sure you’re fully compensated for your injuries. Please contact Shine Lawyers for further information regarding your entitlements and your eligibility claim.

Shine Lawyers have offices in the following locations. As part of our service offering, home or hospital appointments can be arranged at your convenience.

Our compensation experts are in the following locations:

Victoria

New South Wales

Queensland

Western Australia

Shine Lawyers are one of the biggest personal injury litigation firms in Australia and have the experience and nous to go up against the big insurance companies and get you the result you are looking for.

At Shine Lawyers you will have your own go-to team, who are always available to chat and who understand that explaining things in plain English to you is important.

We provide all of our workers compensation legal services on a No Win No Fee Guarantee, which means you won’t have to pay our legal costs unless we win your claim at the end.

Hear from some of our clients below who have been through the legal process with us.

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