Workplace Accidents · Additional Resources

If you are injured at work you are entitled to compensation. Compensation may be paid by way of:-

Ultimately, you are entitled to only one payment type. You must decide upon which type you’ll claim and refund any other payment received.

The law regulating compensation to injured workers is complicated. Seek the guidance of this firm to ensure you choose the appropriate option.

Can I claim compensation?

To claim compensation, your circumstances must fall within the definitions contained in legislation, in particular those of “worker”, “injury” and “course of employment”.

Worker

A "worker" is a person who performs work under a contract of service for another person.

Injury

Your employment must be a significant contributing factor to the injury.
In the course of employment

This coverage extends to injuries sustained during travel:

Claiming Compensation

You will be paid benefits for lost wages, medical expenses and travelling expenses without having to prove fault or negligence by your employer or another person and, as a rule, will be paid immediately a medical report is provided and a written claim is made to the workers’ compensation insurer.

Your Common Law Claim

If your employer has been negligent and you suffer an injury as a result, you may claim common law damages against your employer. In a claim for common law damages, you can claim for pain and suffering, loss of future earnings and future medical expenses.

For this reason, court-awarded damages are often considerably higher than those received from WorkCover. If you wish to claim common law damages, seek the assistance of a Solicitor from this Firm experienced in personal injuries matters.

A claim must be commenced within three years of your injury, however it is important that legal advice is sought much earlier as there are compulsory pre-court procedures which must be completed before court action is started.

Costs

Claims for damages are usually settled efficiently and inexpensively out of court. If you are worried about legal costs, talk to us.



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