Question 1

What is a workplace accident?

Accepted Answer

A workplace accident is defined as an occupational accident or accident at work leading to a physical or mental occupational injury. A workplace accident can lead to a prolonged time off work and can have a profound impact on a person’s life. In such instances it may be possible to bring about a claim for compensation.

Examples of common types of accidents or injuries in the workplace include:

Industrial accidents

Industrial deafness

Spinal injuries

Neck injuries

Back injuries

Slipped disc injuries

Arm Injuries/hand or finger injuries

Leg injuries

Head/eye injuries

Repetitive strain injuries (RSI) or Carpel Tunnel syndrome

Death dependency

Cancer conditions

Heart Attacks

Strokes

Fractures

Soft Tissue injuries

Chemical and asbestos exposure

Industrial Asthma and other lung conditions

Infections conditions (e.g. Qfever)

Psychological conditions

Stress conditions

Any other types of injuries caused at work, as the result of work, or during work activities

Any other diseases caused by work

Any other diseases or pre-existing conditions

Question 2

Following an injury at work, what’s the first step in making a compensation claim?

Accepted Answer

No two injuries at work are the same. The effect an injury has on a person’s life is almost always just as different as the circumstances that caused the injury. It’s for this reason that it’s very hard for a lawyer to establish your rights and ability to make a claim, without knowing the facts of your particular situation.

For a claim to be successful it’s important to do the following as soon as possible after your injury at work:

Report your injury to your employer immediately.

Visit a qualified medical practitioner as soon as possible. You’ll need medical evidence to prove your injury was work related.

Lodge a claim with your employer’s insurer.

The last step is where legal experts should be consulted, and really should be as soon as possible following your injury to ensure the full scope of your injury at work is documented, and that the initial statement is taken.

Some people choose to wait until after a WorkCover impairment assessment to see a lawyer, but this is a big mistake. After this assessment it becomes very hard to put forward your strongest case 	something lawyers are experts at doing), which in turn typically means the compensation you receive is far less and may or may not take into account the full impacts of your injury and the care you will need long-term for your injuries. WorkCover is an insurer and they are not focussed on maximising your compensation.

Question 3

What is the compensation process for work related injuries?

Accepted Answer

Injuries at work fall under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.

The process when it comes to making a claim for compensation is typically different for every person as no two cases are really the same. Generally speaking, most clients move through the below process when making a compensation claim for their work related injuries.

Question 4

Who can claim workplace accident compensation?

Accepted Answer

If you are injured in the workplace or during the course of your employment, it’s possible you may have a claim for compensation. It doesn’t matter if you are a subcontractor, under temporary employment, full-time, or a part-time employee – you may still have a claim for compensation depending on your circumstances.

A lawyer can advise you of your rights and ability to make a claim for compensation once they know the specifics of your situation.

Question 5

What types of injuries at work am I covered for?

Accepted Answer

If you have suffered an injury at work, whether due to unsafe work practices or procedures, or as a result of someone breaching their duty of care – it’s possible that you may have a claim for compensation.

Examples of injuries that can be covered under the workers compensation scheme include:

Neck injuries

Back injuries

Spinal injuries

Slipped disc injuries

Arm or finger injuries

Leg or foot injuries

Brain injuries

Repetitive strain injuries (RSI injuries)

Cancer conditions

Heart attacks

Strokes

Fractures

Chemical exposure

Burn injuries

Asbestos Exposure

Industrial asthma and other lung conditions

Infectious diseases

Industrial deafness

Asbestos compensation

Occupational asthma

Industrial accidents

Stress claims

Psychological conditions

When it comes to claiming compensation following your injury at work it’s always best to seek legal help as soon as possible following so that your rights are protected and the appropriate process is followed within the required time limits.

Question 6

Is my workplace allowed to treat me any differently when making a claim?

Accepted Answer

If you suffer an injury at work and make a claim for compensation, there are strict laws that exist which ensure you are not sacked because of it.

If you are no longer able to do your job because of the injury or illness you’ve sustained, it is likely your employer won’t be in a position to keep you in your current job. In the event your employer offers you another position at the company, it’s very important you take a considered approach and speak with your doctor first. It’s important that your recovery is managed and that any role you take doesn’t have a detrimental effect on your life.

Question 7

Do I sue my boss or the person responsible for my injury at work?

Accepted Answer

It’s a common held belief by those without experience in law that if someone brings about a compensation claim for their injury that was caused by someone else, that the person directly or indirectly responsible is the person who will have to pay you your compensation out of their own pocket.

This really isn’t true at all.

In most circumstances the person or entity at fault will not pay anything out of their own pocket for your injuries. It’s mandatory for every employer to have workers compensation insurance and it’s this insurer that will end up paying you the compensation should your claim be successful.

Question 8

How long does it take for me to get compensation for my injury at work?

Accepted Answer

How long a compensation claim may take really depends on your situation and the facts of your particular case. If you have sustained serious injury, it’s important that these injuries stabilise to a point that a medical practitioner can evaluate the effect these injuries will have on your life.

Without knowing the effects the injury will have on your life it becomes hard to maximise your entitlements and put a strong case forward that takes into account the full scope of your injuries. A lawyer is best placed to advise you on how long your claim may take after learning a bit more about your situation.

Question 9

What can I claim workplace accident compensation for?

Accepted Answer

If you have suffered a workplace accident, you could be entitled to compensation benefits by making a workers compensation claim.

Workers compensation covers injury or death after a work related accident where it can be proven your employer was negligent.

It’s possible you 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

Question 10

How much compensation can I receive for my injury at work?

Accepted Answer

How much compensation you receive for your injury at work really depends on the effect the injuries have had on your life, your loss of earnings, the state regulations, among many other things.

A lawyer will be able to give you a good indication of how much you will likely receive once they know a bit more about your case.

Compensation is typically calculated by placing a monetary value on the gap between your life path before the injury at work, and your actual life path since.

Question 11

Should I accept the lump sum offer from WorkCover?

Accepted Answer

When it comes to getting the right compensation for your workplace accident, it’s important you always seek legal help to ensure the lump sum payment satisfies all your requirements and costs now and any likely costs you are likely to incur for your injury in the future.

It is not uncommon for lump sum offers to fall well short of a person’s entitlements, leaving the individual out of pocket in the future and unable to claim further compensation. WorkCover is an insurer, and as such they are not interested in advising you of your rights and getting you adequate compensation for your workplace accident.

Always seek legal advice as soon as possible, ideally before you receive any lump sum offer, and most certainly before accepting any offer. It’s a lawyer’s job to position your case in the strongest possible way to ensure you maximise your compensation.

Shine Lawyers provide an obligation free first consultation and provide workplace accident claims services on a No Win No Fee basis, which means you don’t have to pay our legal fees at all unless we win your claim at the end.

Question 12

Who pays the compensation if I take legal action?

Accepted Answer

All employers by law are required to hold workers compensation insurance. What this means is that in the event of a workplace accident – it’s this insurance that pays any applicable compensation if the employer is found to be at fault rather than the business owner, your boss, or a colleague.

Shine Lawyers provides legal services on a No Win No Fee basis, which means you won’t have to pay any of our legal fees unless we win your case at the end.

Question 13

What costs are involved in making a compensation claim for my injury at work?

Accepted Answer

As part of our workers compensation service offering, Shine Lawyers have a No Win No Fee\* basis, which means you won’t have to pay our legal fees at all unless we win your case at the end of the whole process.

When it comes to the legal costs themselves, these vary from case to case depending on the work required, but a lawyer will be able to give you further information once they know a bit more about your case.

\*Conditions apply

Question 14

Do time limits apply in workplace accident claims?

Accepted Answer

When it comes to making a claim for workplace accident compensation, strict time limits do apply. The time limits vary for each state, and if they are missed, it likely prevents you from claiming your entitlements. It’s important that you seek expert legal help as soon as possible.

Question 15

Can I represent myself when making a work injury compensation claim?

Accepted Answer

It is possible to legally represent yourself when making a compensation claim. Doing so successfully will likely require a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.

Most people making work injury compensation legal claims choose not to act for themselves and instead engage an expert compensation lawyer. The best compensation lawyers can provide the knowledge and experience required to help guide a case to a successful outcome.

Question 16

Where are Shine Lawyers located?

Accepted Answer

Shine Lawyers has offices in the following locations. As part of our service offering, home or hospital appointments can be arranged at your convenience if you are too sick or injured to come into the office.

Our compensation experts are in the following locations:

Question 17

More Information about Shine Lawyers

Accepted Answer

Shine Lawyers has expert injury and workers compensation lawyers that can help you determine your rights and bring forward a claim for compensation on your behalf. The below links contain further information regarding your legal options.