Here at Cairns Injury Lawyers, we get a lot of questions from potential clients about workers compensation claims. We believe that is important for everyone to be aware of their rights when it comes to workers compensation. Here are four of our most commonly asked questions:
How do I make a workers compensation claim?
Before making a workers compensation claim, it is usually best to seek advice from a Personal Injury Lawyer. To lodge a claim for workers compensation, you need to complete a statutory claim form. In addition to statutory benefits, you may also be entitled to compensation through Common Law.
Can I lose my job for making a workers compensation claim?
Your employer cannot fire you for making a workers compensation claim! Your employer is also required to return you to your original position or a similar position if you are able to perform the work required by the position. In fact, if they do terminate your employment, there can be severe legal consequences.
Do I have to disclose a previous workers compensation claim to a new employer?
Unless you are asked, you do not have to tell a potential employer that you have had a previous work injury. If you are referred for a medical assessment and your doctor asks about any previous injuries, then you are obliged to disclose those injuries.
If my claim is accepted, what am I entitled to?
If you have been injured at work, you are usually placed on statutory compensation benefits straight away until you return to work. Statutory benefits will usually cover medical and rehabilitation costs associated with the injury. Statutory benefits will usually pay you 75-85% of your salary. This is paid for a period of time and then a lump sum is offered after a ‘whole person assessment’ has been completed.
If you can prove that your employer was at fault, you may be entitled to make a Common Law claim for compensation. The lump sum offered through Common Law is usually substantially bigger than what you would get through Workcover.
It is always best to seek help from an experienced, qualified Personal Injury Lawyer. If you need legal assistance or have further questions about Workers Compensation claims, contact us at Cairns Injury Lawyers on ph 4052 0700.