Workers’ compensation – what does it really mean?

There are many types of work-related injuries

Well first, it is an employer’s responsibility to ensure a safe working environment. If you have been injured in a workplace accident you would typically seek to recover compensation from the workers’ compensation insurer wages, rehabilitation, and medical costs.

However, in certain instances, you can also lodge what is known as a ‘common law claim’.

This is in addition to your workers’ compensation claim.

If you have sustained at least a 10 percent permanent whole of person impairment, you may be able to pursue a common law claim against your employer in negligence – that is failing to provide a proper and safe workplace.

Distinct from the ‘no-fault’ workers’ compensation system a common law claim requires you to establish that your workplace injury was because of your employer’s negligence and operate through the courts.

Common claims can include:

Injuries sustained from a fall,
Construction site accidents,
Tripping over unattended items,
Lifting injuries,
Hearing loss,
Repetitive Strain Injury (RSI),
Mental illness, and
Injury caused by malfunctioning machines.

Your entitlements

Your workplace should be a safe environment. This is a right given to every worker in Australia. Any person who suffers a work-related injury or illness can make a claim for compensation.

Under the Workers Compensation Scheme, you may be entitled to certain benefits including:

Payments to cover medical expenses, loss of income and super entitlements,
Rehabilitation services, and
Damages.

Legal Help

At United Legal, we understand that each matter is different.

There are a number of situations in which legal advice can be useful.

Whether you are recently injured at work or, you have been receiving workers compensation payments for a while:

You have been injured at work and unsure of your rights,
You require help starting your claim,
Your claim has been denied,
You think that there are issues with your claim such as:
- Facing pressure to return to work,
- Paid incorrectly, or payments have stopped,
- Your treatment is not being funded,
- The employer or insurer has stopped communicating with you,
Your injuries are worsening,
You feel you are not receiving appropriate treatment,
General inquiries.

At United Legal we are here to; listen, support, protect, and champion you and your rights.

Come in and get a free consultation. We are just down the road in Fyshwick.