Australian employers must take out workers compensation insurance to ensure that employees are covered in the event of a workplace accident. Australians who are injured at work or on their way to and from work may be entitled to lodge a workers compensation claim. This presentation provides information about Australian workers compensation laws and outlines some of the things that you should do if a workplace injury occurs. This presentation is brought to you by the team at Legal Injury (http://www.legalinjury.com)
2. Workers Compensation Laws
Australian employers must have workers
compensation insurance to ensure employees are
covered in the event of a workplace accident.
Each Australian State or Territory has its own
statutory workers compensation scheme.
The details vary from one state to the next, but all of
the schemes share common features.
3. Basic Principles
The statutory workers compensation schemes are
NOT fault based schemes.
Australian workers may be eligible to claim
compensation for workplace injuries regardless of
who was to blame for the accident.
4. Exceptions?
Workers may forfeit the right to compensation if:
They were disobeying the law when the accident
occurred
They were ignoring safe work practices documented in
company policy.
5. However….
Even in these circumstances a compensation claim
may still be possible.
Workers should discuss their situation with a lawyer
to ensure that they aren't missing out on
entitlements.
It is best to talk with an experienced personal injury
lawyer to ensure that you receive sound legal advice.
6. Medical Advice
If a workplace injury occurs, seek medical attention
immediately – preferably from a doctor.
Get medical advice even if the injury seems minor!
Otherwise, it can be difficult to claim compensation
for complications that are not immediate obvious.
7. Medical Advice
Be on the safe side and get the injury checked as soon
as possible – even if your employer does not require
this.
Also, make sure that you receive a copy of the
WorkCover Medical Certificate.
8. Informing Your Employer
If you suffer a workplace injury, you must notify your
employer within a reasonable amount of time.
The length of time permitted varies from one state to
another.
However, inform your employer promptly to ensure
you don't lose the right to lodge a worker’s
compensation claim.
9. Compensation Entitlements
Injured workers may be able to claim:
Medical Expenses
Rehabilitation or Retraining Costs
Payment for Lost Earnings
These are paid from the employer’s workers compensation
insurance on a “no fault” basis.
10. Permanent Impairment
In addition, you may be entitled to claim a lump sum
payment if they were permanently impaired by the
accident.
Some Australian States and Territories have placed
limits on lump sum payments.
This is a complex area of the law, so you should
always seek legal advice.
11. Employer Negligence
Because worker's compensation is a no fault
scheme, you do not receive additional compensation
if employer negligence was a contributing factor in
the accident.
However, you may be entitled pursue a separate
common law negligence claim against your
employer.
12. Common Law Claims
The amount of damages awarded in a common law
negligence claim is dependent upon the extent of the
injuries and the expenses incurred as a result of the
injuries.
In some States, being awarded damages for
negligence may affect your right to compensation
under the Workers Compensation Act.
13. What Should I Do?
Because this area of the law varies from one State to the
next, you should to talk to a personal injury lawyer before
choosing a course of action.
Be wary about accepting any offer from an insurance
company before getting legal advice.
In most cases, once you accept any offer from the
insurer, you forfeit the right to pursue legal action for
employer negligence.
14. Total Permanent Disability (TPD)
Many superannuation funds provide a disability insurance
benefit known as a Total Permanent Disability (TPD)
benefit.
You may be eligible to claim this superannuation benefit if
you suffer a permanent disability as a result of a workplace
accident.
Always check if you are eligible for a TPD payment if you
suffer an injury that will permanently prevent you from
working in your normal occupation.
15. Questions?
If you have any questions about the information in this
presentation, visit:
www.legalinjury.com
