Workers Compensation

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Workers compensation insurance is designed to protect workers and their families whilst they are at work and/or under circumstances that could illustrate a real and substantial connection to a work activity or task.

An injury or illness at work can be immediate and/or over a long period of time. It is pivotal that once an injured person recognises the injury or illness, they report it to their employer straight away in writing without delay. There are strict reporting compliance provisions under the legislation. 

So, what might you be entitled to?

Every claim is determined on its own facts, matters and circumstances, which will give rise to the extent and type of benefits available to you. However, every prudent solicitor should canvass the general benefits and whether they are applicable to you or not. They are:

  1. Weekly payments or weekly benefits 
  2. Permanent impairment/lump sum
  3. Medical, hospital and rehabilitation expenses 
  4. Property Damage Expenses 
  5. Death benefits and funeral expenses.

Are all worker’s rights and entitlements the same? 

No. There are exempt workers. These exempt workers have a different classification and are NOT subject to the 2012 and 2015 workers compensation reforms. Exempt workers are:

  1. Police officers, paramedics and fire fighters 
  2. Workers injured while working in or around a coal mine 
  3. Bush fire fighter and emergency service volunteers (Rural Fire Service, Surf Life Savers, SES volunteers). 
  4. People with a dust disease claim under the Workers Compensation (Dust Diseases) Act 1942

Any worker falling into this classification should contact me immediately as they require specialised legal services and advice from a lawyer with at least 10 years of experience.

What should I do if a loved one has died at work or because of work?

There are immediate benefits available to family members. The benefits that may be payable when a worker dies of a work related injury include:-

  1. A lump sum (indexed), as at the date of death. 
  2. Weekly payments for dependants 
  3. Funeral expenses 
    • Cost of funeral service 
    • Funeral director’s professional fee
    • Coffin
    • Mourning car 
    • Cemetery Site
    • Flowers
    • Newspaper Notice 
    • Death Certificate 

Permanent impairment/lump sum (on and after 19 June 2012)

An injured person must meet a threshold of greater than 10 per cent permanent impairment for physical injury (including hearing loss) to be entitled to a lump sum. 

An injured person must meet a threshold of 15% or greater permanent impairment for primary psychological and/or primary psychiatric injury to be entitled to a lump sum. 

Importantly, your physical and primary psychological injury cannot be combined or aggregated. 

There are no longer any payments made for pain and suffering unless your claim was made prior to 19 June 2012. 

So how did I know what my percentage is?

I will send you to an independent medical doctor who is qualified to give assessments who will be briefed with all relevant material. That doctor will provide me with a percentage assessment of whole person impairment. 

Why your percentage or permanent impairment is so important?

The permanent impairment you receive, once greater than 10%, is directly attributable to a monetary amount. If your claim is made on or after 19 June 2022 you only get one permanent impairment claim per injury. Therefore, you must make sure your solicitor has impeccable evidence preparation and includes all your injuries, both primary and secondary. 

More importantly, the percentage dictates the value of your workers compensation rights and entitlement and its longevity; weekly payments and future medical expenses. 

If an injured person is greater than 20% permanent impairment, they are eligible to receive weekly payments until reaching the retirement age as dictated by the Social Security Act subject to work capacity assessments and have further medical and treatment rights and entitlements beyond five years. 

If an injured person is greater than 30% permanent impairment, they will be categorised as a worker with highest needs. A worker with highest needs is entitled to special provisions. They have access to a minimum weekly payment of compensation of $788.32 per week and medical and treatment for life, subject to being reasonably necessary. 

It is particularly important when making a decision with your solicitor to make an informed decision, as to whether, you remain on workers compensation payments or proceed with a Work Injury Damages Claim, by virtue of the fact, you have achieved 15% permanent impairment. If an election is made to bring a common law claim against your employer you will receive a lump sum payment but this will bring a cessation of any future workers compensation rights and entitlements.