REVIEW OF THE WORKERS COMPENSATION ACT:-
What You Can Apply For And What You Need To Know
If you have been injured at work you may be worrying about the financial implications on you and your family. How are you going to keep paying the bills while you recover from your injury and what happens if you aren’t able to return to work?
You need to know whether you are eligible for workers compensation and the types of workers compensation payments you can receive under the Workers Compensation Act.
Is My Injury Covered By Workers Compensation?
Your injury will be covered by workers compensation legislation if it is a personal injury that arose out of or in the course of your employment. Your employment must be the substantial contributing factor to your injury.
When determining whether your employment was the substantial contributing factor to your injury the following matters are considered:
– The time and place of your injury;
– The nature of the work you performed and the particular tasks of that work;
– The duration of your employment;
– The probability that your injury or a similar injury would have happened anyway, at about the same time or at the same stage of your life, if you hadn’t been at work or hadn’t worked in that employment;
– Your state of health before your injury and any hereditary risks; and
– Your lifestyle and your activities outside the workplace;
What Type Of Injuries Are Not Covered By Workers Compensation?
Under the workers compensation legislation there are a number of injuries for which you may not be entitled to receive compensation:
– Injuries associated with a heart attack injury or a stroke injury unless the nature of your employment gave rise to a significantly greater risk of you suffering the injury then if you had not been working in that type of employment.
– An injury received if you are on a work related journey and the injury was caused by your serious and wilful misconduct. An injury will be taken to be caused by your serious and wilful misconduct if at the time the injury occurred you were under the influence of drugs or alcohol unless the drugs or alcohol did not contribute in any way to the injury or you did not voluntarily consume the drugs or alcohol.
– A psychological injury if the injury was caused by the reasonable action taken or proposed to be taken by your employer in relation to the transfer, demotion, promotion, performance appraisal, discipline, retrenchment or dismissal of your employment.
What Workers Compensation Payments Can I Apply For?
Depending on the nature and seriousness of your workplace injury you may be entitled to the following workers compensation payments:
– Medical, hospital and rehabilitation expenses;
– Weekly payments of compensation;
– Lump sum compensation in the event your injury has resulted in a permanent impairment over the threshold; and
– Compensation for any property damage.
If you have been injured at work and need to know how workers compensation works and what workers compensation payments you are entitled to receive, make a call to Frank Boitano at Barwick Boitano, he is an Accredited Personal Injury Specialist and works on No Win No Fee.
Call for information today on (02) 9630 0444 or email email@example.com for an appointment.
Easy parking directly opposite the practice and convenient to local transport!