Work Compensation 1800 006 766 www.work-compensation.com.au

Why would you need legal help after a workplace injury? Many working Aussies assume that workcover will provide adequate compensation in the event of a work injury. However, the system is complex and varied, depending on a range of factors, and the simple fact is, going it alone without legal representation can result in confusion, stress, and often, a small work compensation payout. Here’s what you need to know! Work compensation can vary greatly due to three key factors:

States and Territories in Australia have different laws

Injuries vary in severity, permanent work injury being the most severe

The issue of who was at fault in causing the accident How State or Territory law can differ It’s very hard to determine the amount of work compensation payouts that Aussie workers can expect to receive, due to different state and territory laws. Thresholds for common law claims apply in some states. In some states, injuries have to be ‘severe’ enough to warrant a claim. The states with the ‘tougher’ laws exclude claims for minor injuries, requiring that an injury be classed at 15% impairment or higher, in order to make a work compensation claim. But, in other states, the law allows for claims to be made for minor injuries, with impairments of just 1%. For the average person, it can be confusing. Why severity of injury makes a difference Someone who suffers a permanent injury may be entitled to a lump sum payment. But these are not the only types of work compensation benefits that workers with less severe injuries can receive. A varying scale of the severity of injury makes it very hard for the average person to know if they are getting treated fairly by the workcover organisation, who is basically an insurer, with an interest in reducing the payout figure. Determining if an injury is considered permanent is also a complex issue. Unless you work for a law firm, it’s unlikely you’ll be in the best position to figure out if the offer you’ve been given is the one that’s legally fair. Who was at fault? If your injury was preventable it may have been caused by negligence. The word negligence has a similar meaning to carelessness and comes from a Latin word which means ‘to neglect’. If someone else’s’ negligence caused your injury, you may be entitled to a common law claim (also called a negligence claim). Establishing if negligence is a factor is therefore crucial. To do this, a person requires a thorough understanding of a range of laws, so the average person will be out of their depth without a legal representative from a law firm advocating and acting in their best interests.

Get informed about your legal right to work compensation

Workplace accidents are far from straightforward and can be legally complex, causing further stress to people who are already dealing with an injury. The average person may make key mistakes, or give up and walk away. In both instances, they fail to receive the full compensation that is rightfully theirs. The Australian Injury Helpline is an independent organisation that provides free information

on work compensation and law to workers who have suffered a work injury. They will talk to you about these three key factors that determine compensation. If you have received an offer of compensation, they can offer an unbiased second opinion, and this information may help you decide if you need to talk to a law firm.

The Australian Injury Helpline can refer callers to carefully chosen law firms that take on cases based on ‘no win no fee’. You have a right to legal information on something this important, that can impact greatly on your future health and welfare. For information specific to your state or territory and your situation, call 1800 006 766 or go to www.work-compensation.com.au. The free service is available by phone or internet, 7 days a week, 24 hours a day.

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