Workers Compensation Claims Advice

Please note all the laws in all the States and Territories are completely different - please click the appropriate link below for your state.

QLD, NSW, VIC, WA, SA, NT, ACT, TAS

Workers compensation is an insurance policy set in place by the Australian Government to assist and to protect workers for injuries sustained and to support the worker if they are injured.

How to Claim Workers Compensation

To claim workers compensation you need to firstly report the injury to your employer. Some workers feel as though it is not necessary to report the injury to the employer as the extent and the diagnosis of it is unknown. This is not the case. You must still advise your employer as a report has to be made to claim workers compensation. Thereafter, you need to consult your doctor about the injury and obtain a medical certificate from your GP. Along with the medical certificate you will need to complete a claim form and send it your employer’s insurance company (WorkCover or other insurance company).

Lodging a worker’s compensation for an injury arising from an accident at work is your legal right and entitlement to do so.

Claiming for workers compensation can assist with

• payments for your rehabilitation,
• hospital fees,
• doctor bills
• payment of your medication
• ongoing payment of your wages when you are not working
• Lump sum payout

What happens when the insurance company doesn’t pay?

Initially it means that the insurance company has not yet accepted your claim. You should then contact your case manager and find out the status of your claim. If your workers compensation claim has been rejected, it is recommended that you ask for the reasons of decision and seek legal advice for assistance.

We understand that not only do you have to deal with financial restraints but also the physical pain is there as well. Legal Injury wants to take these concerns away but take them on board for you and deal with the insurance company. We can find out why they have stopped your payments and stopped reimbursing you your medical expenses and your weekly wages.

What if my employer was negligent?

To pursue a Common Law Claim, negligence has to be established. So if your employer was negligent for your injuries sustained, whether it was physical and/or psychological then you may in a position to pursue a Common Law Claim.

Pursuing a Common Law Claim takes your past and future losses into account. It may be medical expenses that you may have to pay in the future (eg. further surgery), to your past loss of wages. This may be claimed in a Common Law Claim as well as pain and suffering. This type of claim leaves you with the compensation that you rightfully deserve to help you and your family in the future.

States and the Territory have different time limits in which you can claim compensation and laws to receive benefits.

Disclaimer: Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal matter you should consult an appropriately qualified lawyer.