Workers’ Compensation is statutory insurance which all employers in every territory and state in Australia must have. It is designed to give workers protection in case they suffer from a work-related disease or injury.
Any business that hires workers must have workers compensation insurance in place. Every single worker they employ must be covered. That means that no matter what your job is, if you are employed on a part-time or full-time basis, you can even be an apprentice, but you will be covered by workers compensation insurance. Casual workers are also covered, and in some cases, subcontractors will also be included under workplace compensation protection.
Workers compensation and the rules about who must be covered mean that if you have been unfortunate enough to suffer an injury, disease or illness caused for any reason by work, you will likely be eligible to claim workers compensation.
Generally even if you employer has not been paying workers’ compensation insurance for you, you will still be covered by the scheme. It is common for some employers to have employee’s working on an ‘ABN’ under the guise that they would then not be covered by workers’ compensation. If that has happened to you, call us on 1800 960 096 for advice about whether you can still claim workers’ compensation.
The Australian workers’ compensation scheme provides injured or ill workers with weekly compensation benefits, this generally covers ongoing loss of wages, medical and hospital expenses, and pay for rehabilitation services.
Under certain circumstances, workers may be awarded a lump-sum payment if they’re permanently impaired. To be classified as permanently impaired, a worker will need to undergo medical examination and meet certain thresholds. Examples of permanent impairment can include:
∗ Amputated limbs, fingers and toes
∗ Some severe neck or back injuries
∗ A reduction in joint mobility. For instance, losing significant range of movement in a shoulder, a wrist, or a hip joint Scarring
∗ Psychological injuries
Many injuries can result in permanent impairment, and the list above is by no means exhaustive. The best advice if you have suffered an injury or permanent impairment at work is to seek expert legal advice as soon as you possibly can.
Working environments and activities are incredibly varied. Hazards exist in all workplaces, but specific risks come with doing different jobs. The workers compensation scheme in your state covers a broad range of activities:
∗ Injuries which occur because of work or which happen during work activities
∗ Diseases contracted because of your work or work environment
∗ Diseases or pre-existing conditions which get worsened by doing your work
∗ Injuries incurred while you were travelling for, to or from work
∗ Injuries or a condition developed because of a system or method of work
∗ In some cases, workers compensation insurance can cover you for stress-related injuries.
Each of the state governments in Australia regulate their workers compensation scheme in different ways. It is essential that you consult with an experienced WorkCover solicitor if you become ill or get injured at work.
At Kingsley Lawson Lawyers, we have expert workers compensation lawyers and can provide the advice you need. In some cases, a worker will be injured in one state, but covered under the workers’ compensation scheme in another state. This is a complex area of law and you need legal advice to avoid the risk of losing your rights.
Depending on the type of workers compensation claim there are different legal costs involved. For some types of workers compensation claims all your legal costs are covered. In some of the more difficult and/or bigger workers compensation claims, also referred to as Work Injury Damages cases the Defendant will cover a significant proportion, but not all, of your legal costs.
In Work Injury Damages cases we can offer No Win, No Fee costs agreements which mean there are no upfront fees payable by our clients. The total amount of legal costs in each matter will depend on the work required to resolve your case, but we can review your situation and give an estimate that will generally be accurate unless something unforeseen occurs.
The fact of the matter is that being unable to work is no joke – be it because you are injured or you have contracted a work-related illness or disease. We understand that when you are down, you will need help getting back on your feet and return to work. That is what workers compensation is designed to do, and our No Win, No Fee commitment is designed to give you access to expert workers compensation lawyers, no matter what your financial circumstances.
At Kingsley Lawson Lawyers, we won’t charge you a single cent for a claim that isn’t successful – and if your case is upheld, we’ll only charge you for the work required to get there. If you need a workers compensation lawyer call us today on 1800 96 00 96 to have an obligation-free discussion about your circumstances.