If you have suffered a bad experience in the form of a workplace injury, dealing with being on workers comp, (work cover claim) as well as trying to recover from your injury, can be challenging in many ways.
It is challenging financially
The financial aspect of not being able to work can be straining. You may start off on workers compensation full pay and then it changing to half pay at some point. This can be a financially stressful time – the last thing you need when you are injured, trying to rehabilitate and get your health back on track as best as you can.
Then, once your injury has settled, it is then assessed by a Work Cover approved doctor. What happens during this medical is that a percentage of impairment is given by this particular doctor. This percentage will help Work Cover determine a lump sum payment to be offered to you.
The percentage of impairment is only this one particular doctors’ opinion and even if they give you 0% you may still be entitled to a lump sum payment.
Lump sum payment
Once a decision regarding lump sum payment is made an offer letter will be sent to you. At this point it is very important to get a second opinion before you sign or accept any offer.
You can do so by calling the Australian Injury Helpline on 1300 006 766. Getting advice can make a huge difference to the amount you are awarded. For example, if your injury is permanent and as a result of someone elses’ negligence, you may be entitled to a common law claim (or negligence claim). This type of claim is only available if you have refused the lump sum or have not yet accepted. Once you have signed you may be signing away all rights to a common law claim.
A common law claim is a lump sum payment that is much greater than a Work Cover claim lump sum. A common law claim takes into account any future losses as a result of your injury. This maybe your lost future earnings, future expenses and in some cases may be a difference between an award of $20,000 and over $100,000. It also takes into account your pain and suffering. A Work Cover claim does not consider this at all.
