For injuries sustained at work due to the negligence of an employer or another employee, there are many different factors that compensation can be claimed for. On the assessment and successful acceptance of your claim, the amount of workers’ compensation you are entitled to depends on several factors, including the severity of your injuries and the specific facts of your particular situation.
Medical, hospital and rehabilitation expenses
For an injury sustained in the workplace, you may be entitled to compensation for the medical and hospital expenses associated with your injury. This expenses, related to the work-related injury, could include:
- Initial treatment and GP consultations
- Emergency services administered
- Ongoing treatment by medical practitioners
- Medical supplies
- Hospital visits
- Ambulance services
- Rehabilitation services
- Travel expenses
- Rehabilitation expenses
An insurer will only pay expenses for treatment and services deemed reasonably necessary as a result of the injury sustained. Strict time periods apply for claiming medical and hospital expenses so it’s in your best interest to approach an experienced lawyer as soon as possible when considering making a claim and keep track of all medical records.
Loss of income
An injury sustained in the workplace may reduce your capacity to work. In a case like this, you may be entitled to income payments to cover your loss of earnings. A number of factors will be considered to determine your reduced capacity to work, as well as the amount of income compensation. An injured worker’s capacity to work is assessed based on their functional, vocational, and medical status.
The payments can be received directly from an employer or the insurer within the usual pay cycle. The income compensation amount is determined by:
- Average weekly earnings prior to the injury
- Current work capacity
- Whether an employee is able to return to work
- Whether the worker’s income includes non-monetary benefits
A worker must meet their return to work obligations in order to receive Workers’ Compensation payments for loss of income.
New employment assistance payments
In the case that you are unable to return to work with your pre-injury employer due to your sustained injury, you may be entitled to payments to cover the costs of returning to work with a new employer. These payments can cover things like transport, childcare, clothing, education and training, and equipment.
Permanent impairment
You may be eligible to claim a lump sum compensation payment in addition to other benefits, such as medical expenses and income payments, if the work-related injury sustained leads to permanent impairment.
A lump-sum payment for permanent impairment for an accepted injury can only be claimed once at the time of the claim. You should seek legal advice about whether you can bring a common law claim before accepting any lump sum offer you receive following such an assessment.
What counts as a work-related injury?
When it comes to making a Workers’ Compensation claim, an individual can claim for:
- injuries suffered at work
- injuries suffered as a result of work or during work activities
- illnesses or diseases sustained due to work
- illnesses or diseases made worse by work
- injuries suffered when travelling for work purposes or to and from work (journey claims)
- injuries suffered while receiving treatment for a separate work injury
Psychological injuries are also covered by the Workers’ Compensation & Rehabilitation Act 2003, except in circumstances where there has been reasonable management action.
Following a work-related injury, it’s in your best interests to approach a lawyer as early on as possible to ensure you have the best chance of maximising your entitlements. Strict time periods apply for making claims for work-related injuries.
For further guidance and legal advice making a personal injury claim, get in touch with our team of legal experts at Optimum Compensation Lawyers.
info@optimumcompensationlawyers.com.au
1800 000 625