Employer Negligence and Personal Injury Compensation

work compensation work accident claimsWhen injuries have occurred, personal injury compensation may be awarded. Firstly, there are the statutory benefits which may include work compensation, hospital and medical expenses and rehabilitation expenses. There may also be other out of pocket expenses covered.

Secondly, there is injury compensation of a non-statutory kind. This compensation is under common law and entitlements vary between States and Territories across Australia. The way the legal system works means you may be worse off because of where your accident took place. Adversely, you may be better off if it happened in a particular State. In some parts of Australia thresholds apply. The extent of the injury may have to reach a percentage of impairment threshold in order to qualify.

A common law claim is a lump sum larger than a statutory work compensation payment. Injured workers usually go to common law when they have a serious or permanent injury and if it was preventable had the employer taken the right preventative steps.

You may or may not be entitled to work compensation under common law. Your rights will depend on the following;-

• The State or Territory in which your injury happened
• The extent of your injury and whether or not the injury is permanent
• The economic impact the injuries have on your life and your ability to earn an income
• Who or what is to blame for the injuries and whether or not the injuries could have been prevented

Negligence and economic losses need to be clearly proven. As a case example, a cyclist suffered injuries to his back and knee when he was hit by a taxi driver. He worked in and had owned several bicycle shops. He would never be able to work again or run a shop again of his own. Proving economic losses was a little difficult. The plaintiff relied on evidence from an accountant to present the Court with two situations. One scenario was where the plaintiff had owned a bike shop for the rest of his working life and the second scenario was if the plaintiff had worked in a bike shop for the rest of his working years. This hypothesis helped to determine his future economic losses. The plaintiff also claimed for gratuitous care as his wife was caring for him.

The outcome of the case was that the cyclist was awarded injury compensation under common law. The plaintiff was awarded for economic loss, which was less than requested and the gratuitous claim was rejected as there was insufficient evidence that the wife had been providing care for 6 hours each week.

Workers most at risk of injury and common workplace injuries

work injuries occupations most at riskSuffering injury at work can be quite frightening experience and it can happen to anyone. A serious injury may result in unemployment and can have a serious impact on a family in many ways and can affect a family financially. If you have suffered an injury and need quick independent advice, call: 1800 006 766.

There are many different types of injuries that can occur in the workplace but who is the most at risk?

It’s no surprise that physical jobs are high on the list. Labourers run the highest risk with the highest incidence rates of serious injury. Production workers, transport workers are also considered high risk as well as trades persons.

The most common work-related injuries are sprains and strains which accounts for 42% of serious workers’ compensation claims according to the Key Work and Health and Safety Statistics Australia 2014 report by Safe Work Australia. Diseases too were a big factor but in many cases it is difficult to link the disease directly to the workplace. There were several hundred deaths by Mesothelioma a disease caused by exposure to asbestos.

The report also looks at injury rates by industry. The agriculture, forestry and fishing industries had the highest incidence rate of serious injury for many years. Second to that was manufacturing and transport.

Getting the right advice early on will help injured workers become more aware of their legal options following an injury. If an injury has put a person out of work what about those lost future earnings? What about the lost Superannuation? These have been taken away because of the injury and need to be considered when negotiating and settling a claim for injury compensation.

A law firm or independent lawyer may be worth their weight in gold if you have suffered a permanent or serious injury and when someone has been negligent. You may receive a much larger lump sum payout that does consider future economic losses as well as all the past and present out of pocket expenses and losses.

Contact Work Compensation an independent helpline today and ask all the questions you need to. You can get the forms you need, a free case review, fact sheets and general information. The service is free to use call: 1800 006 766 sooner rather than later as strict time limits apply.

If you need legal advice Work Compensation will arrange this for you with a recommended lawyer who specialises in the right area of law; personal injury law.

Fighting to get an injury claim settlement along with all your entitlements

fall workplace accidentSometimes when we suffer an injury we can be more vulnerable than normal. The last thing we feel like doing is reporting the incident, filling out claim paperwork and making phone calls explaining how the injury occurred and why we should receive compensation. One important thing to remember is that you don’t have to go it alone and feel the stress on top of the pain and discomfort of your injury. Dealing with the aftermath of an accident or injury can be quite overwhelming.

To make things a bit easier, you or a relative can call an independent helpline who will provide free information, send out forms and arrange free legal advice if required. Call 1800 006 766 for free support today. One call may help you in many ways and you can get all your questions answered.

It is really important to write down everything you can remember about the events leading up to your injury. If there has been negligence from any party then that negligence must be clearly proven in order to receive injury compensation under common law.

It’s all too easy to forget things and so keeping all the details written down early on as over time it can be easy to forget. Gathering as much as you can like photos, statements and other written information will help support your claim.

It is not your job to prove negligence as that is the job of a lawyer. However, if you can gather as much information as you can to support your claim this will help you a great deal and will help the lawyer too.

Never assume an accident is your fault or partly your fault you might be completely wrong. Sometimes there are things occurring behind the scenes that you do not know about like a previous similar incident caused by the same reasons. It is the job of an employer to make sure injuries are prevented wherever possible. If your injury could have been prevented in any way, someone was likely to be negligent.

Negligence is an area of the law that is very complex and a lawyer will ask all the right questions to find out if your injury could have been prevented in any way. If an injury was preventable then you may be entitled to a common law injury compensation claim. This is a separate claim oufall workplace accidenttside of statutory work compensation entitlements and may be worth much more to you. Strict time limits do apply so contacting a work compensation helpline sooner rather than later is recommended.

Get the advice you need today call 1800 006 766 for free advice today.

Who can claim work compensation and how the workers comp process works

Work Compensation injuriesIf you have been involved in an accident at work, or have suffered a work related injury and are unsure what to do, your employer or colleague will have a procedures manual they can refer to and will know the correct procedures to follow. Paperwork will need to be completed and this needs to be sent to the work compensation insurance company I.e. Work Cover. When the work compensation insurer receives these forms your claim will be filed and you will be assigned a worker’s compensation case officer whose aim is to get you back to work and assist you with rehabilitation as much as possible.

You may be off work for a period of time and during this find entitled to work compensation benefits. The benefits might include wages paid, medical expenses paid or any other out of pocket expenses that are related to the injury.

When your injury has stabilised the work compensation case officer will arrange a medical examination to get the all clear to return to work. With injuries that are serious and permanent some people may not be ever be fully rehabilitated and may have to live with their permanent injury for good. If this is you we advise you to contact our helpline on 1800 006 766.

At this point the workers comp insurer will want to get you off their books and you may be offered a lump sum payment for your permanent injury. At this point it is really import at to seek a second opinion from a helpline or workers comp lawyer who can advise you to either accept the lump sum offered; or reject it and proceed to common law. A common law claim may be worth much more to you as it considers future economic losses as well as past and present losses. For example if you cannot return to work you will have lose a future income and this needs to be taken into account.

If your injury could’ve been prevented somehow then someone may have been negligent and you may be entitled to claim work compensation under common law if your injury is permanent and as a result of this negligence. All circumstances surrounding the cause of your injury must be reviewed for a work compensation lawyer to determine who is negligent.

Seek advice early on and don’t leave anything to chance. Be in the know, find out where you stand and what you options are and you can make informed decisions that may affect you and your family for the rest of your life. Call 1800 006 766 or click here to contact us today.

Have people who judge those on Work Compensation ever suffered injuries at work? Probably not

There are sometimes negative attitudes towards those who are on work compensation or who make a lump sum claim in the form of injury compensation.

Injuries and illnesses can be extremely detrimental in a person’s life causing all kinds of issues. As well as physically, it can be a painfully emotional time for a person and their families. Then there is the financial stress of not working and not getting paid on top the other worries of will I get better or when will I be able to go back to work if at all?.

work compensation people who judge those on workers compIsn’t it about time the attitude of ‘Ambulance chaser’ or ‘someone on benefits’ stopped? These ‘judgers’ have no right to judge and obviously have no idea. Have they ever suffered an injury at work? We are thinking probably not. While I would never wish an injury upon anyone I do believe that fellow colleagues and people in general shouldn’t be so narrow-minded. Instead of thinking in such a black and white way how about we all use some empathy?

Perhaps they think the injured person is somehow ‘lucky’ to be off work and getting paid for it. This attitude is appalling and narrow minded to say the least. How could anyone be jealous of someone who is suffering? It is simply crazy.

People who claim compensation deserve to be compensated. We spend many years of our life at work and have a right to safe working conditions and compensation for any injuries sustained at work. If your house was robbed would you put a contents insurance claim through? Of course you would, as that is the purpose of insurance. At work the work compensation insurer i.e. WorkCover pays the compensation it doesn’t come out of an employer’s pocket.

People’s lives and people’s health and well being is far more important than money or possessions or the cost of an insurance premium. Employers have work compensation insurance to protect the worker and the employer and to make sure an injured worker receives benefits such as re-imbursement of expenses and losses such as wages or a salary. Injury compensation is a person’s legal right. If these laws did not exist work conditions may be worse.

workers comp workcover judgersIn many cases injuries at work could have been prevented with better equipment, training or working conditions. If an injury could have been preventable somehow, then the employer may be deemed negligent. A claim for negligence is a separate claim outside of statutory work compensation that compensates workers for serious work injuries.

The sort of people who judge those on workers comp benefits is probably the sort of person who judges anyone on any kind of benefit like unemployment benefits. Instead of thinking what a shame they can’t get a job they automatically think they are some sort of beach bum who doesn’t wish to work. While there will always be a small minority of people who milk the system most people are just like you and me. Hard working, doing an honest day’s work, and providing for our families.

What is negligence at work and how can it be prevented

Employers have a duty of care to their workers and need to ensure workplace safety. Whilst not all accidents are avoidable at work, employers need to take every reasonable measure to ensure any potential accidents are avoided. These precautions may include the following;-work safety work compensation

  • Workplace inductions for new staff
  • Safety precautions and procedures including work wear
  • Expected responsible work place conduct and behaviour

Examples of such cases include safety harnesses, hardhats and other safety clothing that must be worn in certain areas during certain tasks.

Work accidents happen

Work accidents do happen. When they occur the issue that is raised is one of ‘negligence’. Did an employer neglect their duty of care? It is a complex subject and one that a lawyer explores in further detail. An accident has many circumstances that need to be considered and taken into account. Everything needs to be reviewed and the right questions need to be asked. To get the right advice regarding your work accident call 1800 006 766

Negligence is far from black and white for every case is different. It may seem there wasn’t any negligence but when an accident is ‘preventable’ there may well be some negligence present. Employers have duties that may not be obvious and it is the job of a good lawyer to determine whether or not there has been negligence and who is deemed negligent.

Discussing negligence with your employer

Discussing negligence with an employer is generally not recommended. Speaking to an independent party such as a work compensation injury helpline or a reputable lawyer is recommended. What you need is an independent and unbiased review of your situation and the circumstances surrounding your accident. Getting to the bottom of the cause of an accident will determine where the negligence lies and who may be to blame or at least partially to blame.
Even if you think a work accident is your fault, never take the blame until you have discussed the accident with an independent party. There may be other factors that contributing to gthe accident occurring that had nothing to do with you.

Always seek advice

When you have had an accident always seek the advice of an injury helpline. They will put your mind at ease in terms of what you need to know and what you need to do. You will also find out where you stand legally and what work compensation you may be entitled to under the law in your State or Territory. Get the right advice today call 1800 006 766.

Do lawyers need to be involved following a work accident?

If you have suffered in a work accident having endured work injuries or perhaps been involved in a car accident on the way to or from work, you may be entitled to injury compensation. Depending on your specific circumstances you may or may not require the services of a lawyer. Call: 1800 006 766 for free advice today.fall workplace accident

Many of the people who contact the Work Compensation helpline have suffered an injury at work that has become ‘permanent’ or ‘debilitating’. In many cases, the work injuries have occurred as a result of someone else’s negligence. Negligence is a complex area and often only a lawyer can clearly determine who was negligent in situations of accidents as many factors need to be taken into account. Negligence can sometimes be shared between parties i.e. a worker and employer may be partly to blame for an accident occurring. If you have suffered and injury it is important to get advice even if you feel the accident was your fault. A lawyer can ask all the right questions to get a clear picture of where the workplace negligence lies if at all.

There are statutory entitlements and non-statutory entitlements. Non statutory entitlements are usually available outside of standard work compensation and the services of a lawyer are recommended in such cases.

The benefits of lawyers

When an injury is permanent, you may need to recover losses. This isn’t just referring to out of pocket expenses, it may also refer to future economic losses if the work accident has affected future earning capacity. For example, if a worker is unable to return to work following a work accident they may not be able to earn the same income again. The work injuries have affected the workers future income and this is considered a future economic loss.

If you have suffered a work accident and are unsure of your rights and entitlements to compensation contact Work Compensation and obtain free information, forms and advice that may benefit you and help you understand your rights, the law and where you stand legally.

No win no fee services

A reputable lawyer would never take on your claim if it wasn’t in your best interest to do so. An injury helpline can recommend the right lawyer who will give you up front honest and practical advice. Taking a case on a no win no fee basis means you can engage the services of a lawyer and at a low risk to you. Be careful of any no win no fee services agreements and understand everything carefully before accepting their no win no fee offer. A work mpensation helpline can assist you in this regard. Call 1800 006 766 for independent advice today.

Do you always qualify for work compensation with every single work injury?

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.question-mark

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.

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.


Are Work Cover claims getting harder under the work compensation schemes across Australia?

When you have been involved in an accident at work or suffered injuries on the job, you may need to find a lawyer or law firm to help you settle a claim out of Court.

Finding the right lawyer for your accident injury claim can be tough but it needn’t be. The Work Compensation helpline will assist you by arranging a free case review and free legal advice if required.work compensation work cover claims image6

As an independent organisation they will give you the facts plain and simple. They will assist you with forms. If you need any legal advice they will connect you with one of their recommended and approved lawyers who practice in the correct area of the law and practice under the law in the State or Territory where the injury occurred.

The Work Compensation laws across Australia are different in each State and Territory. Your rights are assessed on a case by case basis. When it comes to legal entitlements a workplace injury lawyer will need to know all the ins and outs.

The law of negligence

The law of negligence refers to when someone else is to blame for an injury. It may also mean failure to prevent an injury. If an accident or an injury could have been avoided or was preventable then it needs to be determined whether or not a reasonable effort was made to do so. Even it a party was partially at fault, they may be contributory negligent.

Thresholds for permanent injuries

When the questions arise regarding a permanent injury, a lump sum payment may be offered. If a serious or permanent injury is as a result of negligence it is extremely important to seek advice regarding the offer.

This is why people need to seek advice from an independent accident injury helpline . A helpline will offer free information, arrange a free case review. An accident injury advice line will offer a legal advisory service and state your options and entitlements clearly.

Seeking advice regarding work compensation

You may be entitled to much more that the statutory work compensation benefits if your injury is likely to be long term and happened because of someone else or if there is full or part negligence present. Never aim to determine negligence yourself this is the job of a workplace injury lawyer.

As people don’t understand the laws between different States it is very important to seek advice at such a crucial time. One call may make a HUGE difference t

Asbestosis compensation claims rightfully awarded for shortening people’s lives

Asbestosis is a progressive and irreversible lung disease that causes a number of serious health conditions such as asbestos_piececancer, pulmonary hypertension and heart attack. Asbestosis is a disease that threatens a person’s lifestyle and lifespan. For sufferers of asbestosis, Asbestosis compensation claims are available through work compensation i.e. Work Cover.

To find out more about asbestosis compensation claims call 1800 006 766 for free advice.

Asbestosis is a chronic pneumoconiosis disease in which the parenchymal tissue of the lungs undergoes slow and repetitive fibrosis, or scarring. Asbestosis is caused by the inhalation and retention of asbestos dust or fibers.
Asbestosis has claimed the lives of many. Those most at risk are people who have had long careers in the mining and manufacturing industries. However Asbestosis also claims the health of those who have handled or removed asbestos from homes and offices.

Symptoms of asbestosis may include:asbestosis
•    Shortness of breath
•    Coughing and Chest pain
•    Blood in the sputum
•    Difficulty swallowing
•    Loss of appetite or weight loss
•    Swelling in the neck or face

If you have any of these symptoms after exposure to asbestos please seek medical attention as soon as possible.

Asbestosis is unpredictable and unfair; its progress is difficult to determine. For some it may take up to 20 years before symptoms appear. For others the disease can develop fully in seven years. For the unfortunate asbestosis can claim a life in as little as 13 years.

This disease is undiscerning and unforgiving, many suffers may have to take  on less lucrative jobs that are less demanding on their health and many are forced into early retirement.

If you, a loved one or friend have ever been exposed to asbestos during your working life you may be entitled to asbestos compensation. How you got the disease needs investigating and treatment must be instigated immediately.  The expenses can be ongoing and you need to be prepared for the heavy costs involved.

We work with lawyers who specialise in asbestosis compensation claims and they can assess your eligibility for compensation. It is important that you make an asbestos compensation claim as soon as possible. Early intervention will help you receive the care you need so you can go on to live as full and rich a life as possible.

Contact the Work Compensation helpline for more information and we can assess your entitlements to asbestosis compensation. Call 1800 006 766 today and find out your legal rights to asbestosis compensation claims.

Workplace injury and work compensation claims impacting relationships at work

Suffering a work accident is a horrendous situation to find yourself in. Dealing with the shock of being out of action, having to recover and fear about the future it can become very stressful indeed.

When a serious workplace injury has occurred there is a lot of fear surrounding the future particularly in relation to finances. Fear of not knowing if you will recover or when you might return to work, or even whether or not you return to work at all.

Reactions to work compensation in the workplace

Another fear many workers who have suffered a workplace injury is what their employer or their colleagues think about their claim for work compensation. People have their own opinion and attitude towards others who lodge a worker compensation claim for their workplace injury. There are negative attitudes from people who have never been in such a situation and these people have no idea what it is like and do not understand. Passing judgement upon others is unfair as well as un-empathetic.

If a workplace injury could’ve been prevented or was caused by someone else’s negligence then you may be entitled to a negligence claim.  This is a common law claim available outside of statutory work compensation. A negligence claim will consider future economic losses as well as past and present losses to date. Future economic losses might mean a loss of a future salary or loss of wages as you are unable to return to your job. It might also include the cost of having to re-train for a future career or employment. It might consider all the expenses that lie ahead such as medical equipment, wheelchairs, chair lifts, home and car modifications and so forth.

Who are they to judge?

Caring what other people think won’t help you rebuild your life. Do what you know is right for your own well being and your future. If colleagues are judging you then try to help them understand what you are going through. You certainly don’t need to justify your reason to claim injury compensation to anyone. It is none of anyone else’s business but yours. Claiming compensation is your legal right. Under the lawyou are entitled to such an award and deserve to be compensated.

Worried about your job?

Another fear many people have is what their boss will think of them. It is important to remember your boss has compulsory worker compensation insurance such as Work Cover. This means when you lodge a claim the insurance company pays out and not your boss. You boss does not lose in a financial sense. This is why he has insurance, to cover expenses and losses protecting his business as well as his employees.

Again you may get some employers who take an injury compensation claim from an employee personally. This is ludicrous. An employer should care more for their employee’s welfare than they do about an insurance claim.

For further advice, forms or information on work injury compensation call 1800 006 766. If you need legal advice our helpline will connect you with a lawyer.

Work injuries suffering in silence will not bring work compensation

When a work injury occurs, it affects the injured worker on a number of levels; financially, socially and mentally.

Injuries which are debilitating or permanent can impact a person’s life in unexpected ways causing upset and turmoil for themselves and those closest to them.

If you have been involved in a work accident and would like to speak to an injury helpline call: 1800 006 766 for information, forms and free advice.

1.      Financially

If you cannot return to work for a period of time, you will be entitled to work compensation benefits. Work compensation is a compulsory insurance scheme in place for employers. When work accidents have occurred and a worker has been injured, the insurance company pay wages or salaries when an employee is away recovering. Your employer does not pay you while you are away, the work compensation insurer i.e. Work Cover does.

If your injury is serious, you may not be able to return to work. In this case the work compensation insurer will have you attend a medical review to indicate the severity of the workplace injuries sustained. After a percentage of severity or impairment has been determined you may be offered a lump sum payment. This lump sum payment will cover your losses and expenses to date. It is very important to obtain legal advice before accepting a lump sum payment. Once you have accepted this may be the end of yourclaim and an end to common law rights.

2.       Fear and anxiety

Not knowing how your injury will develop and if you will ever properly heal, can be extremely stressful. It is very important to keep in touch with your doctor and medical specialists and follow their expert guidance toward rehabilitation. Your health is the most important thing and should be a primary focus.

Anxiety can also arise regarding finances. Alleviate the fear and anxiety by contacting an injury helpline who can explain to you how injury compensation works further along the track.

You might be anxious about what your employer or your colleagues are thinking. You may worry they won’t believe you or think you are skiving off. These thoughts are negative and will not help you in any way. Let them go and focus on you and what is best for you. After all it is you who’s been injured and not them. They have no idea what you are going through.

3.       Preventable injuries and your rights

If an employer has been negligent or careless your injury may have been preventable. This is a horrendous situation and can cause a lot of anger and despair. It is disappointing when the standard of care and safety falls short.  Employers have a great responsibility to ensure a duty of careand workplace health and safety.

If an employer has been negligent don’t despair. Contact an injury helpline such as the Australian Injury Helpline for free advice, forms and support. They will arrange free legal advice if required or call 1800 006 766.

If you suffer an injury as a result of negligence, you may be entitled to a negligence claim. A negligence claimor common law claim is also known as a common law claim. This type of claim is available outside of the relevant work compensation scheme and you will require the services of a worker compensation solicitor.

Rejected Work Cover Claims May Still Have a Chance

Work compensation claims that have been rejected or disputed do not have to end there. If your claim has been rejected or disputed you are rejected and accepted work cover claimsentitled to assistance and a second opinion. A work injury helpline can assist by reviewing the facts of your work cover claim. Then a referral to an appropriate lawyerwho specialises in work cover claims will occur. Call 1800 006 766.

A lawyer may turn things around reversing the decision ensuring your claim is accepted by work cover. They cannot guarantee the success of your claim but they can fight for your rights instead. There is no need to roll over and accept a decision made by work cover. The decision to reject a claim may be due to a lack of evidence. A lawyer will prepare your claim and negotiate the best possible settlement.

You may have other entitlements you were not aware of. This may add value to your claim and an increase in compensation is a great help when you are recovering from injuries. Compensation support will assist with losses, expenses and potentially future losses and expenses in the cases of permanent workplace injuries.   Rejected Work Cover Claims May Still Have a Chance

When Work Compensation Services refer you to a law firm, they will firstly give free legal advice. Secondly, if you have a good case they may take your work compensation claim on a no win no fee basis.

No win no fee agreements with these selected and approved law firms will offer an arrangement of zero up-front costs. In addition, all costs of running your claim will be covered by the law firm. This means you have peace of mind that making a claim isn’t going to cost you anything to start with.

Fees and costs are only paid at the end of the claim and once you have received your work compensation. If these particular recommended law firms do not win your work compensation claim they will not charge you for their services. This offers further peace of mind as they are confident enough they will win your work cover claim.

Support is available; take it with both handsRejected Work Cover Claims May Still Have a Chance

When you have experienced rejection try not to fret. Help is at hand if you allow yourself a chance to take it.

One persons’ decision does not have to be the end of your work cover claim. An independent organisation can advise you of your options and a referral to a selected law firm may be able to turn things around for you making a big impact on your situation. Call 1800 006 766.


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Work Compensation Benefits and Avoiding the Pitfalls

Having an accident at work can conjure up a cocktail of emotions. As well as the stress and pain there is also the bureaucracy and the work compensation procedures to deal with.   Work compensation (or workers comp) for work accidents offer benefits to workers who have suffered an injury. These benefits are awarded by the work compensation insurer i.e. work cover. Benefits may include:

  • Loss of earnings
  • Hospital and / or medical expenses
  • Rehabilitation expenses
  • Nursing expenses
  • Travel expenses
  • Funeral expenses
  • Lump sum payment

Unfortunately, work compensation claims not be; ‘plain sailing’. Once your injury has settled work cover (or other insurer) may want to get you off their books. This effectively ends your workers comp claim. They may do this by offering a lump sum payment.

The lump sum payment offered considers current losses and expenses to date. It will not take into consideration any future losses or expenses. At this point it is very important to get independent advice from an organisation such as the Australian Injury Helpline.

Depending on your workplace injuries, you may have other compensation entitlements. If work accidents are caused by someone elses ‘negligence’ whether fully or partially, you may be entitled to a common law claim. A common law claim is separate workers comp claim only available outside of ‘work compensation’.

In one Australian State in order to move onto a common law claim, you must refuse the lump sum payment. Once accepted you will lose your right to a common law work compensation claim. In another Australian State you can move onto common law following acceptance of a lump sum payment. It is very important to get advice before accepting or rejecting a lump sum payments so your entitlements are unaffected.

Workplace injuries which cause a permanent physical impairment, is assessed by a work cover medical professional. Your injury is measured and a percentage of impairment is given by the work cover doctor.  This level of impairment is only their opinion and another doctor may offer a different assessment.

You have a right to get a second medical opinion. Never accept any offer of compensation until you have contacted an independent work compensation organisation.

You can find out all your rights and options by contacting a workers comp helpline who offer services including:

  • Free workers comp information and forms
  • Work cover information
  • A free case review
  • Free legal advice
  • Referral service to a specialist work injury lawyer

You may or may not have common law entitlements but if you do you need to follow protocol. To find out what that protocol is, seek independent advice before you agree to, or accept any offer of work compensation. Contact a free helpline such as the Australian Injury Helpline who can assist.

Common law claims thousands of dollars awarded

Common law or negligence claimsCommon law claims advice Australian Injury Helpline

Negligence occurs when an accident or injury, could have been prevented. It can be difficult to prove negligence and it certainly isn’t as black and white as you would think.

Many victims even think that they were to blame for the accident because they were ‘tired’ or not ‘focused’ on the job. But really, it’s not up to us to determine whether or not negligence is present. Finding negligence is the job of a legal professional or lawyer. All facts need to be considered and the right questions need to be asked and answered to find the truth.

There is also contributory negligence. Contributory negligence is when an injured person was partially responsible for the workplace injury. For example, if he or she forgot to wear safety clothing, but the workplace was hazardous.

Here is a common law case example;

Worker A was told to cut grass in a field. Another worker, Worker B was supposed to inspect the area for any items that needed to be cleared prior to the grass being cut. It wasn’t and as a result Worker A went to cut the grass and drove over a gas bottle causing an explosion. The explosion caused extensive injuries to his body including severe burns that would affect his skin for the rest of his life. As a result he would have stay out of the sun, wear special protective clothing and his life would never be the same again.

This type of injury causes a huge amount of pain and suffering. Firstly in a physical sense and then there are the emotions that are affected too. These unfortunate experiences can have an impact on relationships and they are greatly affected.

In addition there are also the financial strains upon an injured victim and their family when a household income is affected.

While a common law claim may take longer to settle, it also takes into account future economic losses and expenses following your injury. It also awards you for pain and suffering. It also gives injured victims a sense of closure and some level of justice. When an employer accepts they were negligent, a victim can move on knowing that justice has been served. It also means that the employer may improve working conditions or take greater care of their workers in the future, which is something positive to come out of it.

It is wise to never accept an offer or a lump sum from an insurer i.e. WorkCover unless you have spoken to a member of the Australian Injury Helpline by calling 1300 006 766. The Australian injury Helpline will arrange professional specialist advice from a lawyer if required.

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