If you are injured at work or have suffered an illness that is related to your work, you may be entitled to workers compensation.

It is not necessary to prove that someone else was at fault. You do not need to establish negligence to have a claim. The consideration is more about whether your work duties have contributed to your injury.

Yes! If you are injured at work, or become ill as a result of your work, you should let your employer know immediately. Strict time limits apply to workers compensation claims – in most jurisdictions a claim must be made within 6 months of the injury or onset of illness.

Here are the initial steps to take if you are injured or become ill while at work:

1. Notify your employer
2. Visit your doctor for a medical assessment – and obtain a medical certificate (which will need to be submitted with your claim form)
3. Obtain a claim form from the relevant WorkCover authority in your State or Territory
4. Complete and submit your claim form.
5. Contact an experienced workers compensation claims lawyer in your State or Territory – this will give you the best possible chance of receiving the maximum compensation available to you.

If you have a workers compensation claim then our team of workers compensation lawyers will handle negotiations with your employer, and the third party (if one is involved) or their insurance companies. We will get medical reports from doctors relating to your injury or illness and have your capacity to work assessed. Throughout your claim we will liaise with you, your employer, the third party and the doctors to gather enough information to accurately assess your workers compensation claim.

There are several categories of payments you may be entitled to when making a workers compensation claim:

• Weekly income payments. You may be entitled to weekly payments of workers compensation if you are unable to perform any of the tasks that you normally perform at work or if you are able to do some of these duties but your employer cannot find alternative work for you to do. These payments will be similar to what you were earning prior to your injury. Also, if you are unable to perform your usual role, or need to reduce your working hours as a result of your injury, you are likely to be entitled to top-up payments from the insurer or employer as well.
• Medical and rehabilitation expenses. You are entitled to have your reasonable medical and rehabilitation expenses paid for. This includes and medical expenses directly related to your injury such as medical tests, surgeries, doctor consultations, x-rays, physio treatments, psychological expenses, surgery etc. It also includes medical-related costs such a travel and accommodation and any therapeutic aids you might need for your recovery.
• Lump sum payments for permanent physical injuries. If your injuries leave you with a permanent physical disability it may also be possible to negotiate a lump sum compensation payment. This could be a considerable payment, depending on the extent of your injury/ies. It is usually only paid once, so it is important to seek advice in relation to this payment to ensure you maximise your entitlements. We will discuss these entitlements with you.

It is hard to estimate a timeline for finalising workers’ compensation claims, as every work-related injury or illness is different!

The time taken for your workers’ compensation claim to be finalised depends on how long it takes for your injuries to stabilise and for you and your employer (and your employer’s insurance company) to agree on a figure of compensation.

The time taken to finalise a claim against a third party will depend on how long it takes you to recover from your injuries. Your workers compensation claim cannot be finalised until you have fully recovered or you have recovered as well as can be expected (in the opinion of your doctors). Once your claim has been finalised it can’t be changed, so it is important that your claim not be resolved until we are fully informed about what future problems you may have.

Seeking legal advice can usually help you to get the maximum possible amount for your claim, and can often help your claim to be processed faster.

Just some of the reasons you should seek legal advice include:

• you are concerned about the workers’ compensation payments that you are (or are not) receiving,
• you are concerned about the work duties that you are being asked to perform while you are incapacitated,
• you think the weekly payments you are receiving are lower than your usual wage,
• your claim has been denied,
• medical costs you are incurring are not being paid,
• you need assistance with making and receiving a permanent impairment payment,
• suitable duties are not being provided to you at work,
• you are not receiving rehabilitation help.

Really, if you are concerned about any aspect of your claim, an experienced workers compensation lawyer can help you.

In some circumstances, an individual may be entitled to a third party claim and may be entitled to compensation for pain and suffering. This is usually the case where someone other than your employer has contributed to your injury or illness. These claims can be quite complex and there are very strict time limits that apply to these claims, so if this describes your circumstances, you should seek legal advice as soon as possible. Our team of workers compensation lawyers at TGB Lawyers can help you.