If you have suffered a slipped disc, bulging disc, or ruptured disc because of work related activities, then it is possible that you may have a workers compensation claim through WorkCover.
The workers compensation legal process
The video below steps through the injury claims process and how you can access compensation following your slipped disc or bludging disc injury or accident at work, for example on a construction site:
How workers compensation gets calculated
Depending on the nature of your slipped disc injury and the circumstances which caused it, compensation may or may not be available. You should always seek expert legal help to see if you are able to make a claim.
With WorkCover workers compensation claims, a monetary value is usually placed on the gap between your predicted life path before the injury, and your actual life path since the injury.
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Common questions about Slipped disc or bulging disc injuries and WorkCover
Back injuries that occur at work and involve a slipped disc or bulging disc can be complicated to litigate against. There are many factors at play that can impact on your ability to make a claim through WorkCover.
Typically, if you’ve suffered a slipped disc or bulging disc resulting from the carelessness of others, it’s more likely you have a claim. This carelessness includes unsafe work conditions or processes and inadequate equipment.
It’s important that you seek help as soon as possible following your slipped disc or bulging disc, so that your rights and interests are looked after and your ability to make a claim is not lost due to a missed time limit.
If you decide to take legal action following your slipped disc injury at work and are wondering who will pay your compensation, in most cases, it’s the insurance company of the business who is responsible that will pay you the compensation rather than the individual themselves.
The business owner or person responsible for your back injury doesn’t typically have to pay out of their own pocket for what has happened – the process of obtaining compensation is all done through insurance companies.
Your slipped disc injury claim through WorkCover typically covers all of your physical and psychological injuries and losses, including past and future costs or expenses related to your injury.
Examples of what you might be able to claim for include:
- Medical, rehabilitation and hospital expenses
- Loss of earnings
- Pain and suffering
- Loss of enjoyment of life
- Home help and nursing provided by anyone, paid or unpaid, if it meets certain conditions.
There are many things you may be able to claim for following your slipped disc injury. Once a lawyer knows the ins and outs of your situation they will be able to give you a good indication of what you may be able to claim for.
How long your slipped disc injury claim takes depends on many factors such as how complicated your situation is, how serious your injuries are and what treatment you’re likely to need before your injuries stabilise.
Many slipped disc or bulging disc injury claims can be finalised within 18 months, but if your situation is more complex, and your injuries far more serious, it’s possible it can take longer than this – it really just depends on your individual situation.
An expert workers compensation lawyer will be able to give you a good idea as to the time frames you could expect once they know a bit more about your situation.
How much compensation you receive depends on a number of things such as the state laws where the injury took place, the seriousness of your injury, the amount of money you will lose in earnings, along with many other things.
How much you can receive in compensation really depends on your situation but a lawyer will be able to give you a good indication after they know a little bit more about your case.
Yes. There are strict time limits in which you are able to bring about a claim for compensation under Australian law, and these vary from state to state.
We recommend you seek expert legal help as soon as possible following your slipped disc or bulging disc injury so you can ensure your rights are protected and not lost due to a missed time limit.
Shine Lawyers work on a No Win No Fee basis for all WorkCover workers compensation and slipped disc injury claims, which means you will only pay our legal fees if we win your case.
Your legal costs will depend on the amount of work required to resolve your claim and each situation is different.
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 slipped disc 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.
Shine Lawyers has offices in the following locations across Australia. As part of our service offering, home or hospital appointments can be arranged at your convenience.
New South Wales
- Gold Coast
- Hervey Bay
- North Lakes
- Stones Corner
- Sunshine Coast
Shine Lawyers has expert back injury 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.
Shine Lawyers also have accredited specialists in personal injury law across the nation:
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