Workers Compensation Claim.
If you are injured at work, or in the course of your employment, you may be able to claim compensation from WorkCover. Injured workers include not only those employed full time, but also part time and casual employees. Under certain circumstances, you may also be covered if you are a sub-contractor or self-employed. Further, certain people are taken to be workers such as some volunteers and work experience students.
If WorkCover should reject your claim for compensation, we can advise and assist you in respect of your rights of appeal to the “Workers’ Compensation Regulator”.
You may be wondering as to what injuries are covered. Generally, an injury includes physical and psychological injuries that arise during the course of your employment. It also includes aggravations of any conditions that you had beforehand. As you can appreciate, an injury can cover a myriad of conditions from a brain injury, to depression, to a strain, to the aggravation of a back condition. Every person’s situation is unique. An injury sustained as a result from travelling to or from work may also be covered.
Strict time limits apply in respect of claiming compensation and suing for common law damages. Report your injury to your employer and seek medical attention as soon as possible. Generally, an application for compensation is valid only if it is lodged within 6 months after the injury event. This period may be extended in certain circumstances. A Notice of Claim for Damages must be given to WorkCover within 3 years of sustaining the injury or first becoming aware of it. Court proceedings must be commenced before that 3 year period expires (unless an extension of time is obtained).
So please do not hesitate to contact Kerry McCarthy at MMLaw for an informal chat about your accident, injuries and the claims process. We operate on a “no win no fee” basis which means that if you don’t receive a damages payment, we will not charge you professional fees.