A guide to workers’ compensation law

Business News | 14 Jan |

Getting injured on the job can abruptly throw your life into turmoil by being concerned about your finances if the injury is serious enough. Losing your ability to work and generate income, even temporarily, can be an enormous setback. The workers’ compensation system is designed to be there for you and your family during this difficult time. This law especially is designed to help employees in the case of injury or disease due to their work or work-related factors. It protects employers in times of injury or when they get sick and plays a critical role in risk management for businesses.

Workers Compensation Law

Workers’ compensation law is compulsory for all employers in every state and territory in Australia and protects workers during work-related injuries. Any business that employs or hires workers on a full-time, part-time basis must have workers compensation insurance that covers all workers’ schemes. The schemes may provide the injured worker with weekly benefits, medical and hospital expenses, rehabilitation services, etc. on the basis set by the particular scheme.

Each state government of Australia regulates the workers’ compensation scheme in different ways like some states privately underwrite the scheme while some others may operate as scheme agents on behalf of the government authority or operated entirely by the state. To learn more about worker’s compensation schemes in Australia click here and understand who all are responsible for workers’ compensation and injury management system.

Workers’ compensation schemes

Workers’ compensation schemes provide insurance payments to employees if they are injured at work or become sick due to their work. Some type of insurance also pays the wages and medical costs of employees who have been injured due to their employment. There are even some exclusive schemes for accident insurance during work-related injuries in Queensland.

Workers compensation includes payments to employees to cover their:

• Wages when they are sick

• Medical expenses and rehabilitation

• Weekly payments as income replacement

• Lump sums to compensate for permanent impairment

• Receive a salary for the first thirteen weeks in cases of partial disability

• Allowances for travel and accommodation expenses incurred as a result of medical treatment

Steps to make a claim 

• The first step in claiming the injury is to notify your employer of the injury.

• You then need to see your general practitioner and ask for a First Medical Certificate it is a vital document during your claim process.

• The second document you need is a workers’ compensation claim form, which is available for download on a website.

• After properly filling the claim form, it needs to be submitted to your employer with a copy of the medical certificate.

• There are 2 types of claims:

 

Common law claims

 

Common law claims where the employee seeks common-law action through the courts against their employer

Statutory claims

 

Statutory claims are paid regardless of who was at fault for causing the injury

• The employer then has five days to lodge the form with the insurer, and the insurer has a further fourteen days to respond to the application.

• Keep copies of all documents relating to your injury and claim in a safe place.

• In this duration, the claim is either accepted, declined, or put on hold.

• If the claim is declined, you can appeal or conciliate by taking the help of an attorney.

• Contact the workers’ compensation regulators in your state or territory.

The workers’ compensation scheme can seem a very complicated and daunting task. To file for workers’ compensation claims it is better to take some help from law firms who are experienced in assisting and navigating the system and can make your life stress free during the claiming process.

Show Buttons
Hide Buttons