Workers Compensation
Injured at Work? We Can Help You Claim Compensation.
If you are injured in the workplace, you may be entitled to receive compensation. In every Australian state and territory, there are government schemes that compensate workers who have been injured in the course of their work.
At Somerville Laundry Lomax, understand that a workplace injury can be a stressful and confusing time. Our workplace accidents lawyer team can guide you through the process of making a claim, ensuring your rights are protected and you receive the compensation you are entitled to.
Workers Compensation Claims
Workers compensation is an insurance scheme that employers in Australia are required to have. This insurance ensures that employees are covered if they are injured at work or suffer an illness as a result of their work. If your claim is accepted, you will be covered for your wages while you are unable to work, as well as your medical expenses and rehabilitation to help you recover. This compensation is not paid by your employer, but by their insurer.
If you are injured or become ill because of your work, you should:
- Notify your employer as soon as possible.
- Complete an incident report or ensure a written record is made of the incident’s details.
- Seek appropriate medical treatment and tell your treating practitioners the circumstances that caused the injury or illness.
These records can prove vital later to demonstrate that your work was the cause of your injury or illness.
Personal Injury Claims (Common Law)
In some cases, if your injury was caused by someone else’s negligence – whether it was your employer, a co-worker, or a customer you may also be entitled to make a common law personal injury claim. A personal injury claim is different from a workers compensation claim, as it requires you to prove that someone who owed you a duty of care failed to take reasonable care, and that you suffered damage as a result of that breach.
While making a personal injury claim can be difficult and time-consuming, it may be necessary to receive full compensation for your injury or illness. A dedicated workplace accidents lawyer can help you navigate this process.
Which Compensation Should You Seek?
Depending on the circumstances of your injury or illness, you may be eligible to make both a workers compensation claim and a common law negligence claim. It is important to be careful, as the workers compensation insurer may ask you to waive your right to make a common law claim. You must be very careful not to sign away your rights to compensation under one scheme and accept a lesser amount. Remember that only you and your solicitor are focused on ensuring you receive everything you should.
You may be entitled to the following benefits from your work injury:
- Weekly compensation for loss of income
- Lump sum compensation for permanent injury
- Reimbursement of medical expenses
- Rehabilitation and domestic assistance
If you believe your termination was a direct result of your claim, a wrongful termination lawyer can provide advice.
Your First Step: Seeking Expert Advice
Your employer may try to discourage you from making a workers compensation claim, as it can increase their insurance premiums. It is important that you seek independent and impartial advice that is focused on your best interests. If your ability to work in the future has been impacted, this is especially important.
For assistance, contact one of our lawyers at ad****@*****om.au or call 02 6621 2481 for a no-obligation discussion and expert legal advice.
Frequently Asked Questions
1. What is workers compensation?
Workers compensation is an insurance scheme that employers are required to have to cover employees who are injured or become ill as a result of their work.
2. Can I make a claim if my employer was not at fault?
Yes, you can make a workers compensation claim even if no one did anything wrong, as long as your injury or illness was a direct result of your work.
3. What is the difference between a workers compensation claim and a personal injury claim?
A workers compensation claim is an insurance scheme for workplace injuries, while a personal injury claim requires you to prove that someone else’s negligence caused your injury.
4. What should I do if my employer tries to discourage me from making a claim?
You should seek independent and impartial legal advice focused on your best interests. An employer’s insurance premiums may increase with a claim, so their interests may not align with yours.
5. What kind of benefits can I receive from a work injury claim?
You may be entitled to weekly compensation for lost income, lump sum compensation for permanent injury, reimbursement of medical expenses, and assistance for rehabilitation and domestic care.