Can you Claim Compensation?
Before you file your claim for Workers Compensation you need to ensure that you are eligible to receive Workers Compensation Statutory Benefits and if you are not sure WorkCover can also investigate any discrepancies. If your injury is permanent and as a result of someone elses negligence you may also have Common Law entitlements and it is recommended you speak to a Work Injury Lawyer.
What type of incidents qualify as Work Compensation?
- Repetitive strain injuries
- Faulty machinery and equipment
- Exposure to toxic materials and substances
- Psychological and emotional stress
- OH&S Procedures not in place to protect staff
All of these types of injuries can fall under Work Compensation injuries and you may be eligible to receive Workers Compensation depending on some particulars:
Are you an employee?
To qualify for Workers Compensation you need to be an employee and if you are not a direct employee and work under your own ABN, or a Labor Hire company, then your position needs to be qualified, which the legislation provides tests to establish your rights. If you are not sure then all you have to do is seek legal advice. Any lawyer should identify your employment status by asking a few simple questions.
Who was negligent?
If you are found to have a permanent impairment or ongoing injury due to an accident at work, then you need to establish negligence, or that your employer failed to provide a reasonable duty of care, if you want to process to a Common Law Claim.
Did you lodge your Claim within the allotted period of time?
Filing an insurance claim in Australia should be done as soon as possible. Failure to file your claim within the appropriate limitation period can often result in your claim being denied; therefore you should inform your employer and also the insurer as soon as possible.
Your injury occurred at work?
The law in this regard is different State to State, throughout Australia. Therefore seeking advice under the State or Territories legislation in which you were injured is suggested.
Did you seek medical care?
In order to receive Workers Compensation you will be required to visit a doctor so that your injuries can be diagnosed and treated, and Workers Compensation Medical Certificates can be provided which is required when lodging the ‘Application for Compensations’. If you do not visit the doctor and follow their directives your claim can be denied and even worse, your recovery will be impeded.
Were you breaking the law or company procedures and rules?
If you were breaking the law or if you were under the influence of drugs, drinking on the job, or breaking any other company regulations or Government laws your claim may be denied. Employers are required to have Occupational Health and Safety (OH&S) procedures and Personal Protection Equipment (PPE) in place to prevent employees from sustaining an injury; this is where reasonable duty of care is also established, and will be investigated. Training should also be provided and review of procedures is necessary for Employers to keep up with industry changes.