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
Workers compensation falls under employment law, which is a broad area of law that focusses on most areas of the employer/employee relationship.
The image below illustrates the injury claims process and how you can access compensation through WorkCover 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
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.
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.
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.
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 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.
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.
Your legal costs will depend on the amount of work required to resolve your claim and each situation is different.
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.
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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
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