In today’s cost of living crisis, many people are concerned about the best way to continue receiving income while dealing with a work-related injury. If you’re in this situation, you might wonder whether to continue using any sick leave you may have accrued or if you should file a workers compensation claim.

Key Considerations

1. Using your sick leave: a comfortable but risky option

• You may have accrued a large amount of sick leave that you can use any time.

• Using sick leave may seem easier and more comfortable than lodging a workers compensation claim. However, relying too much on sick leave can expose you to risks, especially if your recovery takes longer than expected, or if you run out of leave before you are able to return to work.

2. Why consider a Workers Compensation claim?

Lodging a workers compensation claim can provide many benefits and protections that your sick leave cannot.  We’ve outlined the many benefits of lodging a workers compensation claim below.

• Entitlement. You have the right to lodge a claim for any work-related injury, whether physical or psychological, under the Return to Work Act NT (the Act).

• Weekly income payments. Once your claim is accepted, you are entitled to up to five years of weekly income payments – you just need to provide up to date progress certificates with the insurer.

• Medical expenses. Accepted claims cover ongoing medical expenses, including doctor visits, surgeries, rehab, and medications, ensuring you don’t have to pay out of pocket.

• Permanent Impairment Compensation. Once your injury is deemed to be stable, you can undergo permanent impairment assessment. If your injury is deemed to have resulted in a permanent impairment exceeding 5% of the whole person, you are entitled to lump sum compensation (in addition to your weekly income payments). Impairments over 15% of the whole person will result in weekly income payments continuing beyond five years until retirement age – offering financial peace of mind for those unable to return to work.

• Dispute Mechanisms. If issues arise with your claim, NT Worksafe offers mediation services.

• Protection Against Invalidity Action. In some circumstances, and depending on your employment, your employer may take invalidity action against you. Essentially, this means your employment may be ceased due to ill health, and the inability for you to work, should your injury or illness render you unable to work for an excessive period of time.  If your employer takes invalidity action against you, your accepted workers compensation claim ensures you continue receiving weekly income payments.

• Settlement Options. The Act allows for the option of settling your claim with a lump sum that covers past, present, and future entitlements, if this is your preferred outcome and you and the insurer can agree on this outcome.

Get in touch

We can help you work out the best option for your situation.

Support and guidance

We understand that filing a workers compensation claim can feel daunting, but you don’t have to do it alone. There are resources available to assist you throughout the process.

At TGB, we can provide comprehensive support from the start of your claim, right through to its resolution.

In conclusion…

If you require assistance to lodge a workers compensation claim or would like advice on your existing workers compensation claim, please get in contact with us. TGB Lawyers has an experienced team that can advise on all aspects of workers compensation claims.

Lauren Hooper has recently relocated to Darwin and is available to assist you with all your workers compensation claim needs. Get in contact with Lauren on 7929 1000 or at lhooper@tgb.com.au.