Workers Compensation Claims
Unfortunately, most injuries happen in the workplace and if you suffer an injury at work, or the nature and conditions of your employment cause you to suffer an injury, you are entitled to claim workers’ compensation benefits. Workers’ Compensation is a basic safety net which operates on a no fault system and it is important that all of your worker’s compensation rights and entitlements be fully explored by a specialist lawyer.
Your Workers’ Compensation entitlements can include:
- Weekly payments for total or partial incapacity for work;
- Reasonably necessary medical, hospital and treatment expenses;
- Permanent impairment compensation;
- Claim for dependency and funeral expenses in the event of the death of a worker.
Turner Freeman has legal specialists with in-depth knowledge and experience in Workers’ Compensation law. Significant changes to the Workers’ Compensation laws take place frequently and it is important that you seek up to date specialist advice to be aware of your rights and entitlements as these changes take effect.
Please refer to our frequently asked questions below for further information.
Work Injury Damages
If a worker is injured in circumstances where the employer is negligent or at fault, he/she may be entitled to bring a work injury damages claim. The bringing of such a claim will terminate the injured worker’s statutory workers compensation entitlements.
A work injury damages claim cannot be brought against an employer unless the injured worker has been assessed as having at least 15% whole person impairment in accordance with WorkCover guidelines.
In those circumstances, the injured worker will receive his/her statutory workers compensation entitlements until the work injury damages claim is resolved, including lump sum compensation pursuant to those entitlements for the degree of impairment.
The work injury damages claim then allows the injured worker to in addition claim compensation for the entire extent of his/her past and future economic losses, including the loss of superannuation benefits.
It is necessary to comply with strict time limits and procedures in order to make work injury damages claims, and it is therefore recommended that legal advice be obtained as soon as possible in this regard. Specifically, there is an overall time limit of 3 years in which to make a work injury damages claim, from the date of an accident.