Whether you work as a bank clerk or in a high-risk construction industry, you need to be aware of the possibility of sustaining workplace injuries or accidents.
As per Safe Work Australia’s figures, 63% of workers were killed as a result of workplace accidents at the beginning of 2016.
While most fatalities occurred in transport, warehousing, agriculture, forestry and fishing industries, the risk of sustaining injuries is high in every industry.
No matter where you work, if you have sustained a work-related injury, you are entitled to claim ‘no fault’ compensation as well as common law damages.
You can claim Workcover compensation irrespective of the reason behind the workplace injury. Under Workcover, if your claim is accepted, you are entitled to receive:
- Medical expenses and rehabilitation-related compensation
- Replacement of lost wages during the time you are forced to be absent from work
- Lump sum for permanent impairment
To make sure you get the best professional legal advice to ensure that your claims are accepted, contact Pentana Stanton Lawyers!
Common law Damages Claim
To receive common law damages, you also need to prove there was a “negligence” or “fault” from the employer or the third party. If you are injured at work and the accident was not your fault, you may claim for common law damages. You should also establish that you suffered a “serious injury.” Once the injuries are stable, you can apply to Workcover for a Serious Injury certificate to claim damages.
If Workcover determines that the injuries are not serious, you can apply to the County Court and ask a judge to decide whether the injuries are serious.
You may be entitled to claim for;
- Pain and suffering damages
- Past and future income loss and superannuation
- Past and future medical expenses
How to Make a Work Injury Claim
It is important that you receive immediate medical treatment and have the injuries and medical treatment documented by a doctor. Once treated for the injuries, obtain and retain receipts for expenses.
The next step is to do the following within 30 days:
- Report the work accident to your employer
- Obtain a Workcover medical certificate
- Complete the Workcover claim form and the medical certificate and hand them over to your employer
Why Consult Pentana Stanton Lawyers?
Workcover benefits are limited and may not always cover all the expenses sustained. Common law damages, on the other hand, can help you recover all additional expenses.
We investigate claims on a no win / no fee basis. We will not charge professional fees (disbursements excluded) for our time unless there is a successful outcome. You also do not have to pay professional fees if you do not pursue a claim after we complete our investigations.
Our claim evaluation process involves a consideration of
- Whether the employer is at fault
- The medical diagnosis of work injuries
- The degree of permanent impairment
- The severity of the work injuries
- The consequences of the work injuries
If our claim evaluation does not establish a viable claim, we will not be recommending that you take further action. We generally obtain medical materials and clinical records from hospitals and clinics and a detailed set of instructions around the circumstances of the incident that caused the injuries, work history, medical history, education and the impact of the injuries on work capacity and activities of daily living.
If we recommend a damages claim is viable, we will arrange written opinions from specialists (Independent Medical Examinations or IMES’) around such issues as diagnosis, prognosis, work capacity and vocational capacity.
Contact Pentana Stanton Lawyers on 900 22 800 and speak to one of our lawyers for free claim evaluation.
“No Win No Fee” Available Conditions Apply