If 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.
