What is workcover compensation?
Workcover compensation is part of a compulsory insurance provided to employees, by their employers. Each company will have a different coverage scheme with different rules in place for their Australian employees. If you get injured at work you may be able to make a workers compensation claim.
If you suffer a workplace injury or disease, the workers compensation claim may be able to provide you with weekly workcover benefits, medical and hospital expenses, rehabilitation services, certain personal items and a lump sum payment for permanent impairment on the basis set by the particular scheme.
The basic criteria in order to be covered by workcover is;
- you must be a worker; and
- the injury must be a work-related injury. That is, the injury arose out of or in the course of your employment or your employment is a significant contributing factor to the development of the injury/condition.
Meet our Workcover Claim Specialists
FAQs
Should I get a lawyer for a workcover claim?
Whilst not every workers compensation claim requires the need for workplace accident lawyers, our expert compensation team of workcover claim lawyers at LHD are able to review all aspects of your case and give you a much clearer idea of what to expect.
If your injuries are not clearly work-related, require extensive medical treatment, involve long periods of time off work, or result in permanent disability, you should call a workcover compensation lawyer today.
Other work related injuries are caused due to the fault or negligence of your employer or another party. This can be because of your employer’s failure to provide a safe workplace, although it can include the acts of another party with no connection to your employer. A claim seeking compensation for an injury/illness where negligence is involved is called a common law claim and will require the advice of a workcover benefits lawyer.
How do I choose a workcover claim lawyer?
By working with workcover injury lawyers, you benefit from years of legal experience to ensure your case is effectively managed and supported from an organisation with the resources to fight for your rights.
It is important to keep in mind that every workcover scheme may be different, and every claim is personal. If you find yourself in a situation where you need to make an insurance claim due to injury or illness, your main focus should be on your recovery and health. This alone takes an incredible amount of physical, and mental energy.
Having to also focus on gathering evidence and paperwork for your claim, alongside going through your policy information and entitlements to income protection just adds pressure.
Having a legal team on your side will manage the numerous forms and paperwork associated with your claim, as well as taking the difficulty out of understanding the fine print and jargon involved. They know what requirements need to be met, and can ensure a more successful claim submission.
Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation.
What injuries are covered in a workcover claim?
Work-related injuries can include a varying range of;
- physical injuries (such as fractures, or laceration)
- psychological disorders, or
- diseases (such as skin, respiratory, or digestive)
It can also include aggravated or ongoing symptoms of any of these injuries or illness. According to Australian Workers’ Compensation Statistics 2017-2018,
“Injury and musculoskeletal disorders accounted for 88.5% of serious claims in 2017–18. Of these, the most common were traumatic joint/ligament and muscle/tendon injuries. Diseases were responsible for 11.5% of serious claims, with the most common being mental health conditions (7.5% of all disease claims)”
These injuries or illness can happen while you’re at work, travelling to or from your job, on a scheduled break, or as a direct result of doing your job.
What do I need to prove a workcover claim?
The basic criteria in order to be covered by workcover requires that;
- you must be a worker; and
- the injury must be a work-related injury. That is, the injury arose out of or in the course of your employment or your employment is a significant contributing factor to the development of the injury/condition
You are required to report the injury to your employer. Generally, this must be done in writing to your employer within 30 days of becoming aware of the injury.
Generally after an incident, injury or illness, you will see a doctor or multiple physicians who will be able to provide you with your certificate of capacity, which takes the place of a typical medical certificate.
The certificate of capacity is the main document in which your doctor will be able to communicate your condition to your support team within the workplace. You may also need other important information such as your workers’ compensation insurance certificate.
Your compensation claim should be lodged with three months of injury directly with the employer, but this is not a strict deadline as long as the claim is lodged as soon as possible once the injury is identified.
How much compensation am I entitled to?
There are many factors that will influence the amount of compensation you receive for your injury sustained from workplace accidents or illnesses, and is completely individual.
However, there are generally four different types of claim or benefits you may be eligible to receive;
- weekly payments,
- reasonable medical and like expenses,
- impairment benefit for permanent injury (also referred to as ‘lump sum compensation’)
- sue for further compensation (referred to as a ‘common law claim’) – this can include compensation for ‘pain and suffering’ as well as loss of earnings
If you have been injured at work you are entitled to payment of reasonable medical and like expenses. This includes costs such as ambulance and hospital expenses, doctors and other medical attendances, medications, and aides such as crutches. You may also be entitled to personal and household expenses, and rehabilitation costs.
You are also entitled to claim for travel expenses to appointments for medical treatment (for example, to see your General Practitioner (GP), surgeon, or physiotherapist) and other medical examinations.
Call us on 1800 838 481 to discuss our ‘No Win No Fee’ policy and arrange a free consultation with one of our expert workcover lawyers to discuss your position and the effects these workplace injuries have had.
LHD key service areas
LHD has expert lawyers in 23 offices across Australia, including Victoria and South Australia. They are experts in their field of personal injury and compensation, and will help you every step of the way to ensure you obtain the compensation entitlements you deserve.
- National Lawyers – With offices in Sydney, Brisbane, Melbourne, Port Macquarie, Taree and other regional centres – we understand the local community, because we’re a part of it!
- Home Visits – If you’re not able to make it to one of our offices, our lawyers can visit you in your home, making it easier for you to receive the legal advice you need.
- We’re Compensation Specialists – For almost thirty years LHD Lawyers has supported thousands of Australians to receive the compensation and legal outcomes they deserve. All compensation law cases are charged on a No Win No Fee basis.
- We Don’t Settle for Less – We have a strong track record of ensuring our clients receive the maximum amount of compensation they’re entitled to.
Why choose LHD for a workcover claim?
At LHD Lawyers, our experienced team of workcover lawyers Melbourne and workcover lawyers Perth are experts in their fields and have helped thousands of Australians settle their compensation claims and get their lives back. We make it a point to get to know you personally, so we can truly understand your situation and help you to always choose the path that is going to have the most positive outcome.
Our experts will help you every step of the way to ensure you obtain the compensation entitlements you deserve. In the last ten years, LHD has grown from a Sydney law firm with approximately 17 staff, to a firm that now comprises 23 offices across Australia.
Enlisting the help of a LHD Lawyer will ensure you can easily navigate the system during this difficult time after a workplace accident.
Call us on 1800 455 725 to discuss our ‘No Win No Fee’ policy and arrange a free consultation.
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