What to do if WorkCover cuts off your work compensation

Copy of work comp home slider 950x270If you have been receiving WorkCover benefits for a work related injury then your injury may be serious or permanent.

When an injury happens at work your employer fills out the necessary paperwork to the work compensation insurer I.e. WorkCover. Work cover will assign an officer to you and monitor your progress. Their priority is to support your rehabilitation and get you back to work.

In the cases of serious injuries it can take time to settle. When an injury has settled it means it is unlikely to get any better or any worse. At this point WorkCover will send you to s doctor to have the permanent injury measured. The doctor will make a recommendation as to what they believe the level of impairment is. They suggest this by way of percentage I.e. The left leg is impaired by 15%. Once the doctor’s report is received they may cut off your Work Cover payments. You may be offered a lump sum payment based on the level of impairment and you might think it’s a good deal. At this point it is vital you get the right advice from a work compensation helpline who can talk you through some legal options. Call: 1800 006 766 for free advice today.

In some States and Territories you may have to request or arrange a medical legal assessment yourself and if you do have a permanent impairment you really should get legal advice regarding your entitlements and the appropriate procedures to make sure your receive an appropriate lump sum payout.

You may either accept the offer of a lump sum payment or you can proceed to common law for a lump sum payment that could be worth much more to you. You will need to reject the offer to proceed with a common law work compensation claim.

If you reject the offer, the upside is you will most likely get a much better payout. The downside is your WorkCover benefits (or other work compensation benefits) are cut off and you may have to take up CentreLink benefits until you are awarded you’d claim for work injury compensation.

Always seem the advice of a work compensation helpline of a work cover lawyer before you accept or reject an offer of a lump sum payment. Accepting an offer may mean you sign away your rights to a further claim and it is extremely important you get advice at this stage. You may be signing away your right to a common law or negligence claim and this could be detrimental.

Always get the right advice so you can make the right decisions. You don’t have to understand the law but you need to understand how the law relates to your situation. Get the right work compensation advice today as strict time limits do apply. Call: 1800 006 766 for free advice today.

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.

Maximising Work Compensation with a No-Win-No-Fee lawyer!

Workplace accidents can occur due to a number of reasons. Causes may include overtiredness, unsafe or hazardous working conditions or staff not being equipped with the proper training or unaware of employee guidelines. work compensation no win no fee lawyer

In these cases the employer could be considered negligent. As an injured worker you are entitled to work compensation. Even if you have suffered a slip and fall or car accident on the way to work, you may still be entitled to claim. To find out your entitlements call 1800 006 766. Strict time limits apply so make contact as soon as possible after a workplace injury.

The severity of your injury will influence the size of your injury claim. Even if you don’t think your injury is serious, a compensation lawyer will give you an idea of your legal entitlements. Work compensation benefits may be past, present and future losses. A work compensation lawyer will guide you through the entire process and you will be aware of your options every step of the way.

Fighting for your work compensation rights!

A lawyer or law firm will fight your workers compensation claim to make sure you are awarded sufficiently.

Quite often, work accidents at are not caused by an employers’ negligence but by a fellow worker. If another employee has caused your workplace accident the employer could still be deemed negligent. Employees have to be properly trained and supervised and if they are not an employer could be perceived as negligent.

If you or anyone you know has suffered work injuries you may be entitled to thousands of dollars in compensation. A no win no fee lawyer can talk you through your options.

A no-win-no-fee lawyer won’t charge any up-front or ongoing costs. Fees are only payable at the end of the claim and only if your claim is successful. All expenses incurred through processing your claim, are covered by the lawyer or law firm appointed. In some States legal costs are paid in addition to compensation, either way you will be better off with a lawyer acting on your behalf.

A no-win-no-fee work compensation lawyer, will obtain the maximum compensation in the form of a lump sum as quickly as possible. In most cases work compensation claims are settled out of court, negotiated directly by the lawyer with the work compensation insurer concerned i.e. Work Cover.

Initially your case will be fully reviewed as every case is unique and assessed individually. You will be advised of your options and chances of winning your claim successfully. A no win no fee lawyer will indicate what injury compensation you are entitled to so you know what you are likely to receive.

It is wise to contact an independent injury helpline for information on work compensation rights following a work accident. Dealing with the insurance company directly is not always recommended as they look after their own interests.

If your injury is permanent and was preventable, you may be entitled to a negligence claim (or common law claim). If this is the case you will require the services of a no-win-no-fee lawyer.

It can be a struggle to find the right lawyer. All lawyers specialise in different areas of the law and in specific States or Territories across Australia. An national injury helpline such as the Australian Injury Helpline select local lawyers to work with who will treat people fairly and respectfully and get the best possible result for you.

A good no-win-no-fee lawyer will not take on your claim under a no-win-no-fee arrangement unless they believe you will win a sizeable lump sum. A no-win-no-fee compensation lawyer will know your entitlements under the State laws. Call 1800 006 766 for further information and a free case review today.

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.

Work Cover essential information!

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.

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