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.

Name
Phone
Email
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.

Lawyers–What If They Abuse Their Power?

Lawyers in law firms, like any place where there is authority there are unfortunately a minority (we hope) of individuals who abuse it. Ever hear of the term ‘Good cop, bad cop’? where there is money and power there are opportunists lurking.

You may have been through a major ordeal and after finding yourself a lawyer, you go onto find out that they are a crook. This is the last thing you need. A misplace of trust when so much lies at stake is a scary thought but don’t fret, there are options.

So what should you do if you are with a lawyer who sadly, is not in the legal industry for the right reasons? By right reasons I mean to help people and not in it for the money or hungry for the power.

A Reputable Lawyer Means You May Get Maximum Compensation Call 1800 006 766 Today

Well, firstly you are able to change your lawyer at any time. Yes it may cost in extra law fees but if they are crooks they may overcharge you anyway – do you see my point?

Just know there is a way out at any time and allow yourself to take it. As a client you have every right to proper legal services and to receive genuine help, not a headache. Like a bad marriage, you can leave at anytime.

If you are in the process of looking for a law firm – do your homework!

Well, firstly prevention is better than cure. Make every effort to avoid an unsavoury lawyer in the first place. You can do this by only going with one that is recommended. What if you don’t know anyone who has ever used a law firm? No worries. Call the Australian Injury Helpline on 1800 006 766. They will provide you with free information and put you in touch with law firms who specialise in your type of work compensation claim or car accident claim, will charge reasonably and treat you fairly.

Name
Phone
Email
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.