Workers compensation claim

Commonly asked questions about Workers Compensation claims:

You will need to:

  • See your doctor. You will need to get the appropriate written medical forms and advice, both for your own health and so that you have the official doctor’s certificate you need to lodge a Worker Compensation Claim.
  • Inform your employer, and make sure that your complaint or injury is recorded at your employment.
  • Your employer will fill out a Worker Compensation Claim form with you, and will then be responsible for contacting your workplace’s insurance company. By Australian law, all employers must have insurance under Workers Compensation.
  • Call Stacks for legal representation, especially if your claim is rejected, delayed, or does not cover what you believe to be appropriate to your injury.

The time limit within which you must make a Workers Compensation claim after your injury is three years. After this period, it is extremely difficult to receive any payments, although there is still a possibility of some compensation.

Stacks, has a no-win, no-fee policy.  We will not charge you any fees if you should lose your case – this is a rare event at our firm because we will tell you upfront if we think your case has problems. In workers compensation matters, once a matter has been accepted by the Workers Compensation Independent Review Office our fees are normally paid by them – not you – irrespective of the outcome.

In claims where you are suing for damages (such as in a permanent injury), we generally pay for all your outgoing costs, such as disbursements for medical reports, which will be reimbursed to us by the insurance company in the likely event of a successful claim.  The insurance company will also cover most of the legal costs with us—the difference between the payment of the insurance company and the actual cost is generally about one third, which you pay to us from your claim compensation.

Therefore, if you think you have a valid claim, it is in your best interest to use a Compensation Lawyer since the amount of your compensation will be more than your legal fees. Stacks Law Firm can help you receive your full entitled compensation at minimum cost.

Workers Compensation insurance companies want to be sure that your injury is as debilitating as you say it is. Like any company, they do not want to lose money unless they are sure your claim is legitimate. Therefore, they will require medical documentation for your injury, and may also ask that you see a different doctor of their choosing.  They will want to know about all other Workers Compensations Claims you have made in the past, and may ask details of your employment history.

In Australia, each state and territory has its own statutory authority for Workers Compensation Acts. They are as follows:

  • NSW – WorkCover NSW
  • South Australia – WorkCover Corporation
  • ACT – ACT WorkCover
  • Northern Territory – WorkSafe
  • Tasmania – Workplace Standards Tasmania
  • Victoria – Victorian WorkCover Authority
  • Western Australia – Western Australia WorkCover
  • Queensland – WorkCover Queensland

If you are receiving workers compensation payments they will come in weekly instalments and will be taxed. If your compensation is for damages, you will receive a lump sum that will be tax free.

Yes. You do not need to go to court in order to receive a fair Workers Compensation settlement.  Generally, you place a claim due to your injury, receive your compensation, and then return to work when you are able.  If there are disputes involving your claim, a WorkCover medical specialist or someone appointed by the Workers Compensation Commission will assess your claim.  However, if you are involved in a complex common law claim, you may need to go to court.

In cases where you feel your employer has breached a contract or duty for you, you may wish to lodge a common law claim.  This may occur after you have already received Workers Compensation benefits.  This means that you will be suing your employer, and the court is the body to decide on common law damages.  Your time restrictions under this scheme are very specific: after your injury is assessed by WorkCover, it will create a ‘Notice of Assessment’ which offers a lump sum monetary figure.  You must respond to this offer within 20 days.  It should cover damages such as pain and suffering, wages lost, medical expenses and legal expenses.

When deciding whether or not to accept this offer, we suggest that you contact a Stacks Compensation lawyer, because you may be entitled to much more compensation than the ‘Notice of Assessment’ will offer.  If your injury is permanent, for example, a common law settlement can compensate you for the rest of your working life—but if you sign the initial ‘Notice of Assessment’ offer, you will be unable to pursue further common law damages.

To receive workers compensation, it does not matter if you were partially at fault.  You will still receive all of your weekly payments.  If you are suing for damages however, and it is decided that you were partially at fault, your compensation award will be reduced by the level of your responsibility. For example, if the Court determines that the accident deserves $50,000 compensation, but that you were 50% at fault, you will receive half of your compensation, or $25,000.

While the specific steps may be slightly different, the main process is essentially the same.  You must see your doctor, inform your employer, and complete a Workers Compensation Claim form in both NSW and QLD.  The names of the insuring bodies vary between states, but as you go through the process, your employer and the insurance company should explain what to do.  Contact a Stacks Compensation lawyer if you experience difficulties in receiving your lawful compensation.

Our experts

Postcode

News

NSW workers compensation scheme failing, review finds
16 Mar
A review of the controversial changes to the NSW workers compensation scheme has found it ...
Read More
Personal injury on a sporting field – who is liable? And who foots the bill?
23 Feb
We see it all the time - people doing violent things on the sports field that they would ...
Read More
Why it’s OK to sue your own family or friends for injuries
20 Dec
The parents of a baby girl successfully sued the girl’s grandmother for dropping her, an...
Read More
Workers compensation changes in NSW leaving injured workers in the lurch
14 Oct
A study by Macquarie University has found changes the government made to the NSW workers ...
Read More
Further Gains Won Back For Injured Workers
23 Dec
Following a long campaign by Stacks Law Firm and other concerned groups the government has...
Read More
Success In Fight For Injured Workers’ Rights
04 Nov
Within weeks of this column highlighting the unfair difficulty faced by injured workers ...
Read More
Injured Workers Hurt By Court Decision On Compensation
07 Oct
 A recent decision in the NSW Court of Appeal could have serious consequences for ...
Read More
Overhaul Of NSW Workers Compensation Scheme Welcome
12 Aug
The announcement by the Baird NSW government that it is overhauling the workers’ ...
Read More
Taxpayers Picking Up Bill For Injured Workers
15 Jul
Taxpayers are picking up the bill for the cost of injured workers as they go to Medicare ...
Read More
Workplace Cancer Victims Missing Out
05 Jun
A new report by the Cancer Council estimates that less than eight per cent of people with ...
Read More
Restore WorkCover Say MPs
01 Oct
A parliamentary committee of NSW Upper House MPs has recommended lifetime medical benefits...
Read More
Cuts To Workers’ Comp Unnecessary, Study Finds
01 May
Changes to workers compensation brought in by the NSW government mean that an amputated ...
Read More

Why Stacks

No Win No Fee
If we don’t achieve a successful outcome for you then we won’t charge you any fees. For full disclosure about this offer, see here
First consultation free
Contact us today and together we can help you work out what your next steps might be... in confidence, at no cost and with no obligation
Hundreds of successful claims every year
Our team of personal injury lawyers are experts in this field of law (many are Accredited Specialists)

Real client care
Genuine care for clients has been at the core of our practice since the first office was opened by ER Stack on the NSW Mid-North Coast in 1931
Over 25 local offices
Our local offices are owned and operated by friendly, local professionals, who are proud and active members of the communities they serve
Practical advice not legalese
We provide clear, practical advice, in plain English, so that you can make decisions with confidence

More about our promises

Get help now

It's easy to get help, just tell us your story and we'll help you understand all your options. If you’d like us to help, we’ll agree exactly the work you'd like us to do up front so that you can be certain about our costs.

Your enquiry is completely confidential.

Fill out this form and one of our experts will contact you
within one business day

By submitting this form you agree to the terms of our Privacy policy

Need help? We’re here to assist