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If I’m hurt at work, may I make a workers’ compensation claim?

You may be entitled to submit a workers’ compensation claim if you were injured at work or if your psychological health was impaired as a result of your employment.

This includes workers who have been wounded on the job or as a result of exacerbating any pre-existing injuries, illnesses, or diseases that have been made worse by working conditions.

Some things to know about Workers’ Compensation Claims in Australia

In your state or territory, workers’ compensation is known as CTP, WorkCover, WorkSafe, or the federal Comcare system (for employees of the Commonwealth and ACT governments and some large national companies). Compensation and benefits may differ significantly depending on the nature of your damage and the legislation that protects you. Did you realise that?

It’s a very important distinction to understand because compensation or in other words, money you may be entitled to for your injury and the impact it has on you, varies from state to state.

Part-time and casual employees, as well as subcontractors, are covered by workers’ compensation policies in most states of Australia.

Cancer, strokes, asthma, heart disease, and degenerative conditions are all commonly exacerbated by work. This might take the form of recurrence, aggravation, acceleration, exacerbation, or deterioration.

Superannuation & TPD Claims

If your superannuation policy includes income protection, you can also submit a superannuation claim. These are commonly referred to as TPD claims. You may be entitled for a superannuation lump sum if your injury compels you to abandon your profession or employment.

If the injury has stabilised and 12 months have elapsed since the injury, you may be eligible for a lump sum payment for permanent disability. Your injury, when it occurred, and the legislation that controls workers’ compensation will determine the amount of the relevant lump sum.

You may be eligible for further compensation under common law if your injuries were caused in part by your employer or someone else’s carelessness or negligence. These claims might include compensation for pain and suffering, lost income (both past and future) and superannuation contributions (past and future), and inability to work.

A workers’ compensation claim covers what types of employees?

Employees who work part-time or on a contract basis are covered under workers’ compensation policies. Subcontractors are frequently eligible for workers’ compensation. If you are an injured Commonwealth Government employee or an injured employee of a large national firm, you can make a claim through the Federal Comcare system.

What is the deadline for filing a workers’ compensation claim?

Varying state and federal laws impose different time limits.

It is vital that you notify your employer and the workers’ compensation authority that covers you as soon as possible after becoming aware of your workplace accident or worsened injury – usually within 30 days.

At this same time you should seek legal advice from one of our expert compensation lawyers at Law By Dan.

The actual legal process might take years, particularly if you have to wait for your injuries to stabilise. However, is some cases, depending upon the stabilisation of the injury, lump sum payments may be made within 12 months.

Prepare and save copies of the claim form and the medical certificate before giving the originals to your employer. Make sure your employer signs them, and then submit a copy with the workers’ compensation authorities in your state. WorkCover, CTP, and WorkSafe are all terms used to describe workers’ compensation legislation and entitlements, which vary by state and territory. Employees of the Commonwealth and ACT governments, as well as several major national enterprises, are covered under the Comcare system. Our expert work injury compensation lawyers in Australia will fight to protect your legal rights if you’ve been injured at work, regardless of whatever system you’re protected by.

What can I expect in terms of a settlement for my workers’ compensation claim?

It is our goal to ensure that you obtain your full compensation settlement as soon as possible so that you can get back to being yourself. The amount is determined by your level of disability, the date of your accident, and the legislation that governs your worker’s compensation claim. You may be eligible for pay based on a percentage of your weekly earnings, as well as reimbursement for all reasonable medical and associated expenses. You may be entitled to obtain a lump sum payout if the injury has resulted in permanent incapacity. A workers’ compensation lawyer can help you evaluate your claim based on the circumstances of your injury.

Is it possible to seek for workers’ compensation if a member of my family dies at work?

You may be entitled for a lump sum of workplace accident compensation as well as regular payments if a family member on whom you rely dies as a result of a work-related injury, sickness, or disease.

If the death was caused by the employer or another individual’s negligence, you may be eligible to pursue a common law claim for damages in specific circumstances.

To fully comprehend your rights, you must speak with a work injury lawyer promptly. Contact one of our compensation experts at Law By Dan now.

As a consequence of my workers’ compensation claim, what expenses and benefits am I entitled to?

All ‘reasonable’ expenditures for services such as medical, hospital, and nursing care, personal and home occupational rehabilitation, and ambulance services are covered under workers’ compensation.

The expenses of doctors, pharmacists, physiotherapists, and chiropractors are also reimbursed. Your workers’ compensation authority may also authorise payment for attendant care, home or automobile adaptations, home help, and transportation expenses.

How Can I seek workers’ compensation damages under common law?

If your injuries were caused by your employer or another individual’s negligence, you may be eligible for further compensation under common law, depending on the state where your employment accident occurred. There a major differences state to state.

Successful workers’ compensation suits result in lump sum settlements. In common law claims, compensation is typically sought for pain and suffering, past and future medical expenses, past and future wage loss, future loss of earnings or earning power, and past and future loss of superannuation contributions.

Even if the workplace injury was largely your fault, you may be able to file a claim. There are time limits and very strict time limitations in all states that allow common law claims. You should speak with an expert work injury lawyer to learn more about your rights.

Is it possible to combine my workers’ compensation claim with a superannuation income protection claim?

Yes, as long as you’ve included income protection in your superannuation plan. If your injury compels you to leave your trade or job, you may be entitled for a superannuation lump sum payment. It’s vital to speak with a work injury lawyer today about the best course of action.

Is it necessary for me to hire an lawyer in order to file a Workers’ Compensation claim?

While you have the legal right to represent yourself when submitting a compensation claim, doing so successfully requires a thorough understanding of the law, your legal rights and entitlements, and a commitment to vigorously pursue the case. Insurance companies and the lawyers who represent them are notoriously difficult to work with and you will find very quickly that you’re out of your comfort zone.

Many people who submit a workers’ compensation legal claim choose to hire an experienced compensation lawyer rather than represent themselves. A workers compensation lawyer can analyse the details of your case and the incident, and help you claim the full amount of compensation you are entitled to under the NSW workers compensation scheme.

How long does it take for a Workers’ Compensation claim to be resolved in New South Wales?

Under NSW law, workers compensation claims can take up to a year or two to conclude; it all depends on your injuries, how severe they are, and how much care you’ll need until they stabilise.

If you have been injured at work, it is vital that you get legal advice as quickly as possible since there are deadlines that must be met or you may lose your right to compensation.

We understand the importance of resolving your claim as quickly as possible, and we will work tirelessly to get you the best possible result so you can focus on getting your life back on track.

What questions you should ask your compensation lawyer

Here are a list of questions you should ask your compensation lawyer at the first consultation.

What are the areas of law in which you practice?

You must choose a compensation lawyer who practices exclusively in compensation law. The best lawyers, like the best surgeons and other professionals, focus on a single area of law. Specialties include family law, criminal law, and employment law require a dedicated skillset.

Compensation law is a very complex area of law. There are massive risks for you if you choose to consult a lawyer who works across multiple legal practice areas. Simply put, they will not have the up to date knowledge to represent you and your compensation matter effectively and efficiently.

Are you a specialist in personal injury law accredited by the New South Wales Law Society or another Law Society?

By choosing to have an Accredited Specialist represent your interests is the best way to ensure you have a compensation lawyer who is considered by their respecting governing body as being in the top 5% of practitioners. If you did nothing else but choose an Accredited Specialist, you would make significant steps towards ensuring your compensation matter will be expertly handled.

At Law By Dan, our compensation lawyers are all Accredited Specialists and if not, have been awarded by other organisations for their prowess.

How likely am I to succeed in my case?

The lawyer should be able to tell you right away whether or not your case is likely to succeed after discussing the facts of your case. If the lawyer specialises in compensation law, he or she should be able to estimate how long the claim will take and whether or not you will be successful. If the lawyer does not reply directly to these questions or says that “further research” is required, they are not a compensation law specialist.

Similarly, there is no way a lawyer can guarantee that you will win your case. They should, however, provide you with a firm indication of the likelihood of success in percentage terms—for example, 70% likely to succeed, 30% unlikely to succeed.

How much is my compensation claim worth?

If your lawyer is a specialist in compensation law, they should be able to give you a reasonable figure for how much your claim is worth. After the initial meeting, it is usually clear if your claim is worth $150,000.00 or $700,000.00. Your lawyer should be able to give you an estimate of the value of your claim very quickly.

How long would my case take to complete?

A knowledgeable Compensation Lawyer will be able to give you an accurate estimate of how long your claim will take. Although it will be an estimate, they should be able to give you a good idea straight immediately. Any lawyer who does not provide you with a straight response to this question is inexperienced.

What are “No Win, No Fee” agreements?

Always read and comprehend the cost agreement that has been presented to you. They might be difficult to understand. Request that your lawyer discusses the cost agreement’s contents, particularly the “”No Win, No Fee”” clause with you.

Most compensation lawyers will operate on a “No Win, No Fee” basis. This means you won’t have to pay any legal expenses until your claim is approved, but it doesn’t mean you won’t have to pay any legal fees at all. Legal expenses are still required to be paid, but they will be reimbursed when you get your settlement at the end of the claim. You will still be responsible for paying your lawyers legal expenses.

While “No Win No Fee” indicates that you do not have to pay your own lawyers’ legal expenses if you lose your case, some lawyers neglect to clarify that you may have to pay the defendant’s legal fees if you lose. This is why it is fundamentally important you seek legal help from experienced compensation lawyers Adelaide. An experienced compensation lawyer will not take on a case they risk losing, whereas an inexperienced lawyer may do so, lose your case and leave you paying the legal costs of the insurance company.

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