Does work compensation come from every work injury?

Work compensation can be a grey matter when it comes to legal entitlements.  The Work Compensation Helpline are ready to take your call on 1800 006 766. They can help clear up any questions you have relating to your claim. There are FOUR main reasons for this;- the various laws in different States and Territories in Australia, the severity of injury and the circumstances surrounding the incident and whether or not the injury could have been prevented. If a person has all ready accepted a lump sum payment from the insurance company i.e. Work Cover, then the rights to a further claim may be lost.

Reason one: State laws vary across Australia

Where your injury took place makes a real difference to the outcome of your claim. In some parts of Australia you may have more rights than others.

Lady Justice for Work Compensation Claims

Every State and Territory in Australia has a different set of laws relating to work compensation. The general rule of thumb is if you have been injured at work or if your general health and well being has suffered because of working, resulting in you have to take time off due to a work related injury or illness you will be entitled to work compensation under the law in the State or Territory in which it occurred.

Reason two: The severity of your injury. In some part of Australia you may be entitled to a work compensation claim known as a common law claim. However, depending on where you live you may or may not be entitled to a common law claim (or negligence claim). If you are entitled negligence needs to be clearly proven and injury thresholds may also apply.

How serious your injury is will impact on your work compensation claim entitlements. If your injury is permanent or debilitating you may be entitled to a lump sum payment. A lump sum payment is often offered when an injury is serious and has completely settled. The level of impairment is then suggested by a work cover doctor. The percentage of impairment suggested may impact you ability to claim if thresholds are high. At this stage it is important to get advice from a work compensation helpline if you disagree and want an independent report carried out. One doctors’ opinion may be different to another.

Reason three: The circumstances of your injury

There are many factors that need to be reviewed when assessing a work compensation claim or any type of injury claim. How and why your injury happened will have a great impact on your injury compensation payout.

Reason four; Accepting a Lump Sum Payment

If you have signed and accepted a lump sum payment there is a good chance you have ended your right to a common law claim. If you are offered a lump sum payment it is very important to get a second opinion before signing or accepting any offer of compensation from any insurance company. To find out more about what an appropriate lump sum payment is for your injury contact us today on 1800 006 766.