Have you suffered a workplace injury or illness as a result of your work? You could be eligible to make a workers’ compensation claim. Learn more about who can make a claim and what a successful claim can get you.
Workers’ compensation schemes are designed to support you if you’re injured at work or you become sick as a result of your work.
There are 11 schemes in place in Australia, one for each individual state and three for people who are employed by the Commonwealth Government. The objective of these schemes is to compensate workers if they require medical treatment, rehabilitation or are unable to work due to the injury or illness.
How workers’ compensation works
Many injuries occur in workplaces and as a result, it is a requirement by law that every Australian employer pays an insurance premium. The insurance company is then responsible for paying compensation when a worker is injured in a workplace or as a result of their work. Each state and territory has its own laws and it’s useful to familiarise yourself with the relevant laws, as your insurance company may neglect to tell you about all of your entitlements.
Workers’ compensation can cover you for a number of work-related injuries, such as lifting injuries, muscular injuries, office injuries, construction site injuries and work-related psychological trauma.
Learn more about each state and territory’s workers’ compensation schemes:
- Worksafe Victoria
- SafeWork NSW
- WorkSafe ACT
- NTWorkSafe
- WorkCover Queensland
- ReturnToWorkSA
- Worksafe Tasmania
- WorkCover WA
Who can make a claim?
Workers’ compensation schemes cover most full-time workers, part-time workers and apprentices. In some instances, casual workers and volunteers may be covered. Contractors and sub-contractors generally aren’t included.
If you’re injured at work, you should notify your employer immediately. They are then obligated to contact their insurer, who will be in contact with you to discuss what you’re entitled to. In some cases, an employer may fail to lodge a claim with the insurer. If this is the case, you’ll need to lodge the claim yourself.
What does a successful claim get you?
Workers’ compensation will help to reduce the cost and financial impact of work-related injury and illness by providing income, paying for hospital treatment, medical and rehabilitation bills, permanent impairment payments (such as a spinal cord injury) and death entitlements. You should expect to receive payments equivalent to your weekly earnings, along with payments for all medical expenses.
The level of compensation you receive will depend on the nature and severity of the injury or illness, the date of injury and the workers’ compensation scheme relevant to your case.
What to do if you need to make a claim
If you’ve sustained an injury or illness at work, you need to see a doctor who will assess, diagnose and treat you. Your doctor will also issue a medical certificate and assess your road to recovery, along with your ability to return to work.
When the doctor asks for details of your workplace injury, it’s crucial you provide complete and accurate details of the incident, even if you think they’re only minor details.
In Australia, there is a time limit for when a workers’ compensation claim is valid. Therefore, if you’re injured or become sick as a result of work, you need to take action as soon as possible. The sooner you seek compensation, the sooner you can receive support for your recovery.
How can Ezylaw help?
You could be eligible for a free consultation or no-win, no-fee service. We can get you the legal support you need to ensure you receive the compensation you deserve. It’s important to seek legal advice as soon as possible, so if you think you need a compensation lawyer, take our 48 second assessment to find out now.