What is workers compensation and the various workers compensation schemes?
If you have been injured at work or you believe your work may have contributed to an injury or disease then you may be entitled to workers compensation. To see if you are eligible for workers compensation or if have a viable workers compensation claim, contact one of our workers compensation lawyers.
The Commonwealth of Australia has maintained workers compensation schemes for more than a century, providing different compensation schemes for each state / territories.
These no-fault statutory workers compensation schemes provide financial benefits to employees injured / make worse an existing injury in the course of employment, ranging from weekly payments to lump sum compensation as well as being compensated for payment of medical and associated expenses. The best way to maximise your workers compensation claim benefits is to speak with one of our workers compensation lawyers.
Although each workers compensation scheme has the same purpose, there are substantial differences in details, including the rules of eligibility and the levels of compensation available, and most workers compensation schemes have changed significantly over the years. The workers compensation that you are entitled to will depend on the state or territory where the injury or disease occurred and the date on which you were injured.
If I believe I have a workers compensation claim, what should I do next?
It is important that you seek independent legal advice from our specialist workers compensation lawyers at the earliest opportunity after a workplace injury to make sure your interests are looked after and you have the best chance to make a workers compensation claim. Failure to do so may impact your potential to a workers compensation claim and your compensation entitlements.
Remember that the insurer handling your work injury claim cannot give you independent advice. This is where our workers compensation lawyers at Slater & Gordon Lawyers can help. Our workers compensation lawyers will be able to advise you, which workers compensation scheme applies to your work injury case, whether you are eligible to make a workers compensation claim, and if so, what workers compensation benefits are available to you. The earlier you do this, the sooner you will be aware of what financial assistance will be available to you when you most need help with your work injury claim – in the acute and rehabilitation stages of your work injury.
If your work injury case involves the negligence of your employer and / or another party, it’s possible that you may be able to claim lump sum compensation for your work injury. In such cases, your lawyer may need to gather vital information including for your workers compensation claim such as:
- interviewing witnesses of the work injury
- reviewing investigative work injury reports
- engaging experts to report on accident circumstances for you work injury
Whatever your circumstance or work injury, time is of the essence – early investigation and action may be critical to the success of your workers compensation claim.
Additional lump sum benefit
Many superannuation funds provide coverage for a disability insurance benefit, often referred to as a Total Permanent Disability (TPD) benefit. This insurance cover, if provided under your superannuation, is a benefit additional to the contributions that you and/or your employer have made to your superannuation fund during the period of your membership. Most people are unaware or forget that this insurance cover is in place.
Depending on the terms of the insurance cover, a TPD benefit may be significant and may help ease the financial burden you face during the difficult times that follow a disability.
Generally it does not matter how your injury or illness came about; just that you are suffering from a total and permanent disability or illness. Many people on workers’ compensation, motor vehicle injury compensation or the Centerlink Disability Support Pension can claim as well as people who suffer an unexpected illness that prevents them from working.
Whether you can make a claim for a superannuation disability benefit will depend on a number of factors - particularly, whether this insurance cover is provided under your superannuation. If you suffer from any injury or illness that prevents you from working in your normal occupation and would like more information about how Slater & Gordon can help you, please contact us either by email or by calling direct on 1800 555 777.