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Time Limits Apply to Lodging Claims!
"If you are thinking about making a claim, remember that time limits do apply. You can call us free today to find out how we can help you"
Your injury may vary, minor to severe
Below is a list of common injuries:
Head injury, or brain injury, back injury, whiplash injury, shoulder injury, broken bones including nose, arm, leg, finger or toe fractures including fractured shoulder, arm, leg or finger, loss of limb I.e the loss of a leg or arm, loss of finger, thumb or toe, wrist injury or hand injury and there are many more...
If you are a worker who has suffered a work place accident or injury at work and your injury has left you with a permanent impairment, the severity of the impairment will have to be much greater in order to qualify for a common law claim, if the proposed changes are accepted. Currently the level of impairment in some states allow you to pursue a common law claim with a 0% impairment. In other States there is a threshold in place whcih means the level of impairment must be higher in order to be able to pursue a common law claim (or neglignence claim).
When you have suffered a work injury there are two ways to obtain compensation. The first is a statutory claim, which is a claim that is awarded regardless of who is at fault. Just suffering an injury whilst at work is enough to pursue a statutory claim which is a claim processed through a Worker's Compensation insurer i.e. WorkCover. Benefits under the Workers compensation scheme include recovering losses such as; medical expenses, loss of income; or if there has been a permanent impairment you may be entitled to a lump sum payment. However, under the proposed changes the lump sum payment may be significantly reduced.
As a worker, if your employer or colleague has been negligent and that negligence caused the accident to occur, then you are entitled to take legal action under the common law system. Employers are covered by insurance (i.e. WorkCover) through their accident insurance policy so you do not have to worry as your employer won’t pay compensation to you, it will be paid by WorkCover (who may be the insurer). Whether or not you have a right to claim will depend upon the State or Territory where your injury happened.
Once an offer of a lump sum payment I.e. from WorkCover has been received, it is very important that you seek legal advice BEFORE you sign anything. Once you have signed, this will be the end of your claim and you will be prevented from pursuing a common law claim. Get legal advice first from a personal injury lawyer and be sure of all your entitlements. You can speak with a personal injury lawyer (work injury lawyers / workcover lawyers) by calling the Legal Compensation Helpline on 1300 850 441.
If you believe you have a case for common law claim is has been recommended by WorkCover that you seek advice from a work injury lawyer (attorney or solicitor). It is recommended that you seek legal advice sooner rather than later as time limits apply when making a common law claim for compensation which is currently 3 years from the date of the injury, however, this may be subject to change under the new proposed changes.
As an injured worker you have a legal right to compensation and if there has been any negligence, a common law claim (or negligence claim) may compensate you more than a statutory claim. You may have a legal right to this compensation and your injury can have a detrimental impact on your life and on you as a person.
If you have suffered a work injury you can take the following steps:
It is wise to consult a personal injury lawyer as soon as possible following your injury as time limits apply. It is strongly advised that you do not sign the Notice of Assessment until you have received legal advice first otherwise you may not receive all your entitlements. Seeking legal advice may make a big difference to your claim for compensation.