What are my entitlements?

No two claims are the same, and the amount of compensation claimable varies according to the severity of the injury or illness and the effect that it has had on your life.

To discuss your injury or illness and find out more about your entitlements, call and speak directly to one of our expert injury lawyers on (03) 9321 9988.  Your first appointment is free and we offer a ‘No Win, No Fee’ service.

No-fault benefits

Weekly payments

You may be entitled to weekly payments depending on how much you are able to work whilst suffering from a work-related injury/illness.  Payments are calculated as a percentage of your pre-injury/illness weekly earnings.

Reasonable medical and like expenses

  • Ambulance and hospital expenses
  • Doctors and other medical attendances (including travel expenses)
  • Medications and aides
  • Personal and household expenses
  • Rehabilitation costs (including counselling and household assistance).

Lump sum compensation

You may be entitled to lump sum compensation if you are left with a permanent impairment because of your injury or illness.

How this benefit is calculated depends on the level of impairment you are assessed as having.  There are minimum levels of permanent impairment that you must have before you are entitled to a benefit, depending on when you were injured and what injury/illness you suffer.  This benefit does not impact on your entitlement to weekly payments, medical and like expenses, or a common law claim.

Can I dispute a decision about my entitlements?

If your claim is rejected or if a letter is received, for example, refusing to pay for a medical service and you want to dispute that decision, you will need to have the matter referred to the Accident Compensation Conciliation Service (Conciliation).

The aim of Conciliation is to try and resolve disputes without the need for court proceedings.  All disputes must be referred to the Accident Compensation Conciliation Service as the first step before court proceedings can be taken.

Fault-based scheme

Common law claim

Some work related injuries are caused due to the fault or negligence of your employer or another party.  This can be because of your employer’s failure to provide a safe workplace, although it can include the acts of another party with no connection to your employer.  A claim seeking compensation for an injury/illness where negligence is involved is called a common law claim.  The compensation sought in a common law claim is called damages.

A common law claim is separate and in addition to your entitlements under the WorkCover system.

Damages

There are two main categories of damages sought in a common law claim:

  1. Pain and suffering, or general damages – this is compensation for the pain and suffering you have endured and will continue to endure, and your loss of enjoyment of life;
  2. Past loss of earnings and future loss of earning capacity – compensation for wages and superannuation lost because you have been unable to work, and/or are unable to work into the future.

Even where your injury/illness was caused by your employer or another person’s fault, you do not automatically have the right to sue for damages.  You must first establish that you have suffered a serious injury.


Go Back