In every state and territory in Australia, employers are obliged to protect their workers with compulsory Workers Compensation Insurance. Workers injured in the course of employment can claim workers compensation work their work-related injuries. No matter if your employer was negligent or not, workers comp can be claimed as workers compensation is based on the no-fault scheme. In case the employer failed to take preventive measures to avoid workplace injuries, workers or deemed workers may also claim forinjury damages. Workplace injury compensation may award you for your injuries if you are suffering work-related injuries and severe injuries that decrease your capacity to earn.
Who is classed as a ‘‘worker’’?
The Work and Safety Act (WHS) states that employees both full-time and part-time, contractors and subcontractors, employees of labour-hire companies, outworkers, apprentices or trainees and work experience students are classed as workers. Laws clearly states that an injured worker cannot be dismissed from the work within 6 months from the date the injured worker lost their capacity to work for permanently or temporarily.
The most common reason for injuries and employer responsibilities
Majority of workplace injuries occurs from distraction and inadequate training. The employers are obliged to provide immediate first aid to the workers and report the injury to the insurer within 48 hours of receiving the initial notification of the injury from the worker. The employer must obey some specific rules whenever an injury occurs. This includes:
- Discouraging blame, as workers compensation is based on the no-fault scheme
- Notify SafeWork immediately if the accident is a notifiable incident. Notifiable incidents require urgent investigation and include injuries that end up with death, serious injuries or illnesses and serious incidents.
- Keeping a work injury register and submit the incident to the record with the information of the worker and the injury.
- Provide the insurer with the mandatory information, including the date and time of the injury, personal information of the worker and the workplace, treating doctors name and contact details and contact details of the worker and the business.
How to retrieve my loss with compensation?
For injuries occurring on or after 21 October 2019, injured workers may be entitled to receive compensation which may include weekly payments, medical treatment expenses, lump sum payment for the dependents of the deceased worker, work injury damages if it the employer was negligent, domestic assistance and lump sum compensation for non-economic loss.
Lump sum payment for permanent impairment
If the worker suffering severe injuries and have a permanent impairment, a lump sum payment may be received to ease the suffering. Lump sum payment can be claimed in addition to the medical expenses, weekly payments and any other relevant support payments included in workers compensation. If the lump sum compensation claim was made on or after 19 June 2012, the injured worker should have permanent impairment with a degree of equals to 11% or greater for physical injuries. For primary psychological injuries, the degree of injuries should be 15% or more.
Lump sum payment in the event of death
The dependents of the deceased worker can receive lump sum compensation from the insurer once they notify the death to them. As of 1 October 2020, the lump sum compensation for death is determined as $834.200. This amount is to be distributed among all the dependents or will be paid to a single dependent if there is only one dependent of the late worker.
Advantages of hiring a lawyer
In Australia, injured workers are supported throughout the entire process to relieve their pain and economic sufferings, therefore, if you choose to work with a lawyer, your lawyer will be paid by the Workers Compensation Independent Review Office – WIRO. Work-related injuries are wearing and hard to deal with. It may be challenging to focus on the claim while suffering such severe health conditions. A lawyer specialising on workers’ compensation can manage the process for you and keep you away from the complex process. You can focus on your rehabilitation while a WIRO approved lawyer handles the situation, gather necessary the evidence and arrange the medical appointments.