Generally, the following steps need to be taken before disputing a WorkCover claim.
- Notify your employer ASAP to inform them you have had a workplace accident, are injured and are planning to make a WorkCover claim.
- Seek medical assistance and treatment to assess and treat your injury.
- Ask for a WorkCover Certificate of Capacity from your doctor.
- Notify the insurer of your injury. This can be done via your employer. If your employer refuses to process your claim for you, you can submit your claim to the insurer directly.
- Ensure that your employer has received all relevant documentation of expenses, fees and bills associated with your injury.
Assuming your claim is processed without complications, you should begin receiving provisional liability payments within seven days of your insurer receiving and accepting the claim.
However, there will be more time needed for your insurer to completely process your claim and decide what specific compensation benefits you are entitled to.
If you believe you have suffered a personal injury or financial loss due to your workplace environment or travelling to and from your workplace, you may be legible for a worker’s compensation claim.
You may be entitled to claim compensation for:
- Permanent physical impairments and/or mental disabilities.
- Medical, travel and rehabilitation expenses.
- Unexpected loss of wages, including superannuation.
- A figure for your pain and suffering.
In most cases, the insurance company of your employer or the WorkCover scheme will cover the compensation settlement. Generally your employer or the company does not pay out of pocket.
Different aspects of the work injury claim process take varying amounts of time. Because of this, we suggest getting in touch with us to for more information about your situation.
Generally, you must notify your employer within 30 days of your injury. Longer time periods may apply to dispute a claim outcome, however the longer the time frame between your injury and the claim, the more difficult a successful outcome will be.
Depending on circumstance, contractors may or may not be legible to claim compensation. To help you determine your position;
A worker is more likely to:
- Actively and personally carry out work directed by their employer.
- Have working supplies, tools and technology supplied by their employer.
- Receive wages/salary based on a time-worked basis.
A contractor is more likely to:
- Use personal skill, discretion, tools and judgment to perform work tasks.
- Outsource, employ and delegate work to other people.
- Be affected by PAYG tax and operate under an individual or business ABN.
Please note there are many more circumstances and variables surrounding the distinguishing of a ‘deemed worker’ vs a contractor.
We commenced a claim pursuant to Section 66 and Section 67 of the Workers Compensation Act 1987 on behalf of a young man who suffered serious back injuries in a lifting accident at work.
We successfully resolved his claim for lump sum damages and are now investigating whether to sue his employer for negligence to cover his past and future loss of wages.