Workers Compensation Act

There are different Workers Compensation Acts in every state or territory across Australia and this makes determining rights to work compensation unclear to an ever day person.

Each Workers Compensation Act has different laws and what you may be entitled to will much depend on where your workplace injury happened. To find out the facts in your State or Territory, call 1800 006 766.

Work compensation is a legal requirement and employers must hold work compensation insurance as insurance cover in case of workplace injuries. Work compensation insurance pays wages and re-reimburses losses for employees and it doesn’t come out of the employers pocket benefiting both the employee and employer.

In the same way car insurance works, when there is an accident the insurance company pays out damages where the driver is at fault to the other party.

What a work compensation insurer does i.e. work cover is pay employees statutory benefits which may include:

• Salary or wages
• Hospital and medical expenses
• Rehabilitation expenses
• Reasonable travel expenses

If you have a permanent injury you may also be offered a lump sum payment. If you are offered injury compensation in the form of a lump sum payment you must get a second opinion BEFORE you sign anything. For a second opinion call the Australian Injury Helpline on 1800 006 766. This is very important as you may be signing away your rights to future claims.

If you are offered a lump sum payment then your injury is serious and it is important that you get information from an independent organisation such as the Australian Injury Helpline.  If your injury happened as a result of negligence and your employer owed a duty of care and that care was breached, you may be entitled to a common law claim.

A common law claim is a much larger compensation payment that takes into consideration any future economic losses such as future loss of earnings and future expenses i.e. ongoing care, wheelchairs or home modifications.

In order to find out all the facts on workplace injuries that apply under the relevant Workers Compensation Act call 1800 006 766.

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