Law

Workplace Injury – How to Claim Compensation

Many Australians are injured in the workplace and sadly, some are unaware of their rights and miss out on the opportunity to receive compensation. In this short article, we offer valuable information to assist those who wish to claim compensation for a workplace injury.

Free case assessment

As you would expect, injury compensation law is extremely complex and if you would like to find out whether or not you have a case, contact your local workers compensation attorney and they would be happy to give you a free case assessment. He or she would ask you to bring all evidence that you have in your possession, which might include the following:

  • Medical reports
  • X-Ray images
  • Photographs
  • Doctor’s notes
  • Witness statements
  • Correspondence with your employer

Most people are reluctant to make a claim for compensation, as if they lose, they have to pay their legal fees. This is one reason to take up the free assessment offer that some compensation lawyers provide.

Read also: Understanding Discrimination Laws: A Guide for Employee

Compensation types

There are numerous forms of work injury compensation payments, which include:

  • Weekly payments – Weekly payments can be made for the first 13 weeks of injury at 95% of your regular salary. From week 14-130, you can receive up to 80% of your salary.
  • Hospital & medical – You can claim all medical and hospital costs from the insurer.
  • Permanent impairment – A lump sum payment may be made, providing it is confirmed that the injury will not improve.

A court would hear the case and make a judgement, based upon the evidence presented.

Employer insurance

Just as employees take out insurance, in Australia, employers must have adequate insurance to cover such things as worker injury. If an employee suffers an injury, the employer must notify their insurer within 48 hours and the insurer should start payments within 7 days of receiving notification. Should this not happen, then you should contact a local compensation lawyer as soon as possible and let the legal experts handle things on your behalf. They are well-versed in the system and will tirelessly work to get you the best outcome.

Time restrictions

The maximum amount of time that can pass after an injury is 6 months; it is very unlikely that your claim would be accepted if the incident occurred more than 180 days ago.

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