Workers Compensation Claim
Making A Workers Compensation Claim In Australia
Important information to know in regards to workers compensation and if you are eligible in Australia. What you need to know if you are injured in the workplace – the vital steps to take in order for a successful compensation claim.
Every year, thousands of Australians are affected by workplace accidents and injuries. Australia’s workplace laws support the claim for compensation by those that have been injured or suffered an accident while working. If this sounds like something that has happened to you, then you may be eligible for compensation from your employer.
What Kinds Of Injuries Are Covered By Workplace Compensation?
Any injury that occurred at work or during work activities, whether physical or psychological are covered by worker’s compensation claims. Examples of these include: Physical Injuries, such as broken bones, strokes, heart attacks, burns and skin lacerations; psychological injuries, such as stress, depression and trauma; and diseases caused by work activities such as hepatitis, cancer and HIV. Pre-existing conditions, which were worsened by your working environment, such as asthma are also covered. While these injuries are covered, any injury that wasn’t caused by work, for example travel to work, is not applicable to worker’s compensation. Travel used to be covered by worker’s compensation but is no longer. Serious injuries and illness are covered, but it can be hard after you have just been injured to follow all the proper procedures. This is why it’s important to speak to a lawyer as soon as possible to find out about potential compensation options.
What Was Your Working Situation At The Time Of The Injury?
In order to receive successful compensation, you must meet the following criteria’s:
- Be employed at the time of the incident
- Have a medical professional diagnose any injury that you suffered from
- Proof that the injury was caused at work
- Proof of financial loss due to the injury
What kind of employee are you?
No matter the type of work you are doing, you are covered if you are:
- Full time employee
- Part time employee
- Casual employee
- Trainee, working student, apprentice
- Volunteer worker
Proof Of Your Injury
In order to file a successful worker’s compensation claim, you must have evidence that your injury was caused at work by work related activities. This means that you must see a medical professional as soon as possible after the incident for thorough diagnosis to support your claim. You no longer need to prove fault of your employer to claim worker’s compensation payment. Instead, you need to prove that your work environment and/or duties caused your accident.
What Compensation Am I Entitled To?
If you are seriously injured in the workplace and require medical treatment, along with time off work you could be entitled to large amounts of compensation. If you are permanently unable to continue working, you could receive a large sum to cover expenses. Australian worker’s compensation entitlements include:
All of your medical bills and charges, including hospital stays, ambulances and rehabilitation visits are included in your compensation payments. Make sure you keep records of all medical visits for your claim as well as letters from doctors confirming your injury.
When your injury has caused you to lose you source of income, you are entitled to earn the money you would have earned if not for your workplace injury. As you are unable to work, you should recieve regular payments from your work in order to stay afloat.
Anything that belonged to you that was affected by the injury, such as clothing, phone, wallet or computers that were owned by you.
If a family member has deceased in a workplace accident, this cover entitles family support and coverage of funeral costs.
If any of your limbs or bodily functions are permanently damaged, a relative cost is payed based on what percentage of your body no longer functions. Each claim is unique and requires different approaches, based on the type of injury, the nature of which it occurred and the lasting effects.
When Should I Claim?
As soon as an injury occurs at work, no matter the severity it is vital you seek diagnosis from a medical doctor as soon as possible. What may seem like a small unimportant injury may lead to further damage over time, so it is best to have evidence that the problem began at the workplace if you decide to make a claim for compensation.
For the best chance of a successful claim, seek medical advice right away and report the injury to your workplace as soon as it happens. Once you have notified your employer and a medical professional has diagnosed you with an injury, it’s time to seek legal counsel.
As well as reporting the injury to your employer and going to the doctor, seeking legal council should be done as soon as you consider a claim for compensation.
Schrueder Partners specialise in helping clients file successful workplace compensation claims, providing comprehensive assistance and keeping your best interests at heart. If you believe you are eligible for workplace compensation, call us now.
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