When can you Claim Compensation?
If you have injured yourself at work you may be entitled to what the Law calls a Statutory Claim and a Common Law Claim.
This claim can be lodged after you have sustained an injury at work and you are classed as an employee. This type of claim can assist you with;
- medical and hospital expenses,
- rehabilitation expenses and return to work expenses (approved by the insurer),
- economic loss while you have Workers Compensation Medical Certificates identifying you are unable to attend work,
- travelling expenses, and,
- Permanent Impairment Lump Sum Offer.
Common Law Claim
A Common Law Claim can achieve other possible compensation entitlements if you have been left with a Permanent Impairment or ongoing injury. The guidelines for pursuing a 'Common Law Claim' are very simple but can be complicated depending on the surrounding circumstances of the injured.
If you can prove that your employer failed to provide a reasonable duty of care, or was simply negligent then you may have this option. To identify your rights here, a solicitor can review your WorkCover Claim File and then discuss all of your options so you can decide what road you would like to take.
Important facts about these Claims
- If WorkCover have provided a 'Notice of Assessment' then seeking independent advice is advised so that you are awarded the full compensation you deserve.
- If you sign WorkCover first Lump Sum Offer, you will not have any rights to Common Law.
- If you have sustained a severe injury, leaving you with serious permanent impairment, then it is advised to seek independent advice straight away, just so you can ensure all compensation is awarded.