Workers Compensation Claims in Australia


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Australian employers must take out workers compensation insurance to ensure that employees are covered in the event of a workplace accident. Australians who are injured at work or on their way to and from work may be entitled to lodge a workers compensation claim. This presentation provides information about Australian workers compensation laws and outlines some of the things that you should do if a workplace injury occurs. This presentation is brought to you by the team at Legal Injury (

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Workers Compensation Claims in Australia

  1. 1. Workers Compensation Claims in Australia Things You Should Know
  2. 2. Workers Compensation LawsAustralian employers must have workerscompensation insurance to ensure employees arecovered in the event of a workplace accident.Each Australian State or Territory has its ownstatutory workers compensation scheme.The details vary from one state to the next, but all ofthe schemes share common features.
  3. 3. Basic PrinciplesThe statutory workers compensation schemes areNOT fault based schemes.Australian workers may be eligible to claimcompensation for workplace injuries regardless ofwho was to blame for the accident.
  4. 4. Exceptions?Workers may forfeit the right to compensation if: They were disobeying the law when the accident occurred They were ignoring safe work practices documented in company policy.
  5. 5. However….Even in these circumstances a compensation claimmay still be possible.Workers should discuss their situation with a lawyerto ensure that they arent missing out onentitlements.It is best to talk with an experienced personal injurylawyer to ensure that you receive sound legal advice.
  6. 6. Medical AdviceIf a workplace injury occurs, seek medical attentionimmediately – preferably from a doctor.Get medical advice even if the injury seems minor!Otherwise, it can be difficult to claim compensationfor complications that are not immediate obvious.
  7. 7. Medical AdviceBe on the safe side and get the injury checked as soonas possible – even if your employer does not requirethis.Also, make sure that you receive a copy of theWorkCover Medical Certificate.
  8. 8. Informing Your EmployerIf you suffer a workplace injury, you must notify youremployer within a reasonable amount of time.The length of time permitted varies from one state toanother.However, inform your employer promptly to ensureyou dont lose the right to lodge a worker’scompensation claim.
  9. 9. Compensation EntitlementsInjured workers may be able to claim: Medical Expenses Rehabilitation or Retraining Costs Payment for Lost EarningsThese are paid from the employer’s workers compensationinsurance on a “no fault” basis.
  10. 10. Permanent ImpairmentIn addition, you may be entitled to claim a lump sumpayment if they were permanently impaired by theaccident.Some Australian States and Territories have placedlimits on lump sum payments.This is a complex area of the law, so you shouldalways seek legal advice.
  11. 11. Employer NegligenceBecause workers compensation is a no faultscheme, you do not receive additional compensationif employer negligence was a contributing factor inthe accident.However, you may be entitled pursue a separatecommon law negligence claim against youremployer.
  12. 12. Common Law ClaimsThe amount of damages awarded in a common lawnegligence claim is dependent upon the extent of theinjuries and the expenses incurred as a result of theinjuries.In some States, being awarded damages fornegligence may affect your right to compensationunder the Workers Compensation Act.
  13. 13. What Should I Do?Because this area of the law varies from one State to thenext, you should to talk to a personal injury lawyer beforechoosing a course of action.Be wary about accepting any offer from an insurancecompany before getting legal advice.In most cases, once you accept any offer from theinsurer, you forfeit the right to pursue legal action foremployer negligence.
  14. 14. Total Permanent Disability (TPD) Many superannuation funds provide a disability insurance benefit known as a Total Permanent Disability (TPD) benefit. You may be eligible to claim this superannuation benefit if you suffer a permanent disability as a result of a workplace accident. Always check if you are eligible for a TPD payment if you suffer an injury that will permanently prevent you from working in your normal occupation.
  15. 15. Questions?If you have any questions about the information in this presentation, visit:
  16. 16. The