Work compensation cases are very rarely black and white. The main reason for this is due to the fact that legal entitlements to work compensation vary so considerably between each State and Territory across Australia.
While work compensation benefits are often awarded for all workplace injuries in some way or another, how serious an injury is will also have a significant influence on whether or not a work injury qualifies for work compensation in the form of a lump sum payment. A lump sum payment is an additional payment sometimes awarded outside of statutory entitlements. A non-statutory claim requires legal advice and legal representation in order to maximise the potential of a claim.
Get the right advice before you sign
As all ready mentioned the severity of an injury and the circumstances around how the injury happened will influence entitlements to compensation. For example if an injury could have been prevented or an accident avoided, you may also have rights under common law.
It is important to never accept an offer of a lump sum payment UNTIL you have received legal advice or spoken to an injury helpline.
Once you have accepted a lump sum payment from the insurance company i.e. Work Cover, your rights may be signed away too. Get advice before signing anything.
Huge differences in State laws across Australia
The place in which your injury or accident took place has a real influence on the outcome of your claim. In some Australian States you may have better rights to compensation than others. In one State you may not qualify for a lump sum payment but in another you will. This is sad but true!
In terms of negligence you may or may not be entitled to a negligence claim. In any case, negligence needs to be clearly proven and an injury threshold may be in place and apply depending on how and where your injury occurred.
How your injury has impacted your life
How your injury has affected your life will influence you claim in a big way. The main purpose of compensation is to reimburse you for losses and expenses but if there are significant future economic losses you may also be awarded to cover those losses too. This type of situation usually occurs when a person cannot return to work due to their injuries or have to take a job on a lower wage.
Get advice on your compensation payout so you can make an informed decision.
