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.

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.

State or Territory of Injury
Details about your injury ?
Please provide some facts including type of injury, date of injury, place of injury and cause of injury.