How To Lodge A Workers Compensation Claim

2023-05-15T18:00:59+10:0015/05/2023|Tips & Tricks, Workers Rights|

How To Lodge A Workers Compensation Claim

No one enjoys being off work. The stress that can arise from not being able to put food on the table and pay the bills is enough to upset anyone. If you have been injured at work, or on your travels to or from work, you are most likely due for compensation to assist with medical bills and loss of income. 

Steps To Lodging A Claim

In Queensland, there are steps you will need to follow to lodge your claim with WorkCover. Ensuring you follow these steps will mean you will get the financial assistance you are entitled to in a timely manner.

  1. Notify your employer of your injury as soon as possible after it occurs. There is a six-month time limit that applies, however, this can be waived for certain situations
  2. Prioritise your medical care, ask your doctor to complete a Work Capacity Certificate which can be found here
  3. Provide a copy of the Work Capacity Certificate to your employer
  4. Lodge your claim with WorkCover either online or via fax or post. If the claim is for a fatal accident or if urgent treatment is required, a claim can be lodged by phone on [1300 362 128]. Find out more by accessing the Work Safe website here
  5. Notify WorkCover as soon as possible if your situation changes

Don’t hesitate to contact us if you have any questions along the way. You are not required to make any statements to WorkCover and such statements have been known to hinder the claims process. The sooner you engage professional legal advice, the sooner we can assist in ensuring your claim is properly lodged. 

Some Simple Facts

It’s important to gain legal advice as soon as practicable after suffering a workplace injury. You may be entitled to extra compensation under WorkCover or perhaps eligible to claim loss of income or disablement benefits under your superannuation insurance scheme. Many people are concerned that lodging an injury claim may affect their reputation at work, or feel responsible for their employer’s financial situation. Rest assured, under Queensland law your employer is insured under WorkCover. This is a no-fault insurance scheme which means blame is not placed on any party for the injury. It simply states that an injury has occurred and a claim has been lodged. Similarly, an employer cannot discriminate or punish employees for making an injury claim. Your employer should understand that taking time to heal and rest will allow you to recover and return to work permanently and in optimal condition. 

We Are Here For You

We will ensure your claim is handled professionally and that you get back to work when you are medically sound to do so. Contact the experts at Revolution Law on [07 3416 4999] at any stage, we are here to help with our revolutionary approach to workers compensation claims.

What to Do Once Your Workers’ Compensation Claims Ends

2023-05-15T18:01:47+10:0015/05/2023|Injury, Workers Rights|

What to Do Once Your Workers’ Compensation Claims Ends

Workers in Australia are protected by a special form of insurance known as Workers’ Compensation. In QLD, Workers’ Compensation is handled by a state government entity called WorkCover Queensland. If you become injured at work, you may be entitled to claim Workers’ Compensation through WorkCover. 

Claims entitle you to the payment of wages while you are unfit for work, as well as any medical or rehabilitation expenses you incur.

Being unable to return to work when your compensation claim ends can be a significant hurdle, especially in cases where your injury is severe. For those times, it is essential to understand your rights and what you need to do next.

Contact Centrelink

If you reach the end of your Workers’ Compensation claim and you are still unable to return to work, contact Centrelink as soon as possible. 

Centrelink offers two primary forms of support:

  • JobSeeker Payment. Introduced in 2020 as a replacement for the old Newstart Allowance, JobSeeker is available as financial help for people between 22 and Age Pension age, which is currently 66 years and 6 months in Australia. If you are injured and unable to do your normal work you may be entitled to JobSeeker under certain rules. You will need to supply a medical certificate when applying for JobSeeker following an injury.
  • Disability Support Pension. For people with permanent physical disabilities that stop you from working, the Disability Support Pension (DSP) may be available. You will need to meet certain age and residency requirements, and your injury will need to be fully diagnosed and severe enough to stop you from working at least 15 hours a week during the next 2 years.

Assess Your Financial Situation

Being unable to return to work will often result in severe financial hardship. In that case, you may be able to draw on your superannuation. Your super fund handles early access to superannuation, and you will need to apply with them to access your money. You will only be eligible for early access to your super if you meet both of these conditions:

  • You have received eligible income support payments from the government for 26 continuous weeks, and;
  • You are unable to meet reasonable and immediate family living expenses.

Due to financial hardship, you can access between $1,000 and $10,000 of your superannuation. However, you may only make one withdrawal from your superannuation in any 12-month period.

Some mortgages and other loan agreements also include disability insurance. These insurances make sure your loans are repaid if you become unable to do so due to injury. Carefully review any loan paperwork and speak to your lenders about whether you are covered.

Look for New Work

If you cannot return to your old work, you may still be able to perform a new job. A return-to-work program may be included in any rehabilitation you undertake as part of your Workers’ Compensation claim; however, keep in mind that in Queensland, WorkCover does not need to find you alternate work. 

Workers’ Compensation is only required to pay your wage and fund any medical care or rehabilitation. Therefore, payments can end as soon as your injuries are stable, whether or not you can return to your previous job. If your compensation claim is ending and you are unable to return to normal work, then you need to begin looking for alternative careers.

The Revolution Law Team can Handle Your Workers’ Compensation Claim

If you have been injured at work, it is important to look after your future by investigating your Workers’ Compensation entitlements. We are not just talking about the latest Self-Care trends. Your Revolution Lawyer can tell you that in some cases, you can receive compensation and make a Common Law Damages claim against your employer. However, this process can be complicated, and there are time limits on making your claim, so you should seek legal advice as soon as possible. Your local Revolution Law team can provide all the advice and support you need to handle your Workers’ Compensation claim and ensure you receive the full benefits you are entitled to. Pop into your local Revolution Law Office for a chat with our team to find out what they can do for you. 

Tips for a Safer Workplace

2023-05-15T19:12:16+10:0015/05/2023|General, Tips & Tricks, Uncategorized, Workers Rights|

Tips for a Safer Workplace

World Day for Safety & Health at Work: Tips for a Safer Workplace

On the 28th of April 2022, Australia will once again mark World Day for Safety and Health at Work and Workers’ Memorial Day. A day  to reflect on the injuries, fatalities and harm that people are exposed to at work and to remember those who have died in the workplace. While much has been done to improve workplace safety in recent years, injuries are still common, and fatalities remain a tragic reality in our lives. By raising awareness of the importance of workplace safety, the day seeks to improve Australian work safety standards and aims to support World Day for Safety and Health by providing important safety tips for those working in risky or dangerous environments.

The Importance of Workplace Safety

Queensland’s Work Health and Safety Act 2011 charges business owners and employers with providing a safe and healthy work environment for their employees, customers and other parties on site. As far as reasonably possible, employers must provide things such as safety instruction, protective equipment and workplace training to protect employees.

The welcome news is that WHS standards have seen a steady decline in workplace fatalities over the past decade. However, there is more work to do, with 194 Australians suffering fatal incidents and 28,732 people reporting serious workplace injuries during 2020. Every injury or fatality that occurs in the workplace puts a strain on the people and families involved. Medical expenses, rehabilitation costs, lost wages and the loss of the ability to work are a significant hurdle that can often be difficult to overcome, even with workers’ compensation claims.

Tips for Staying Safe at Work

While it is nominally the employer’s responsibility to maintain a safe work environment, employees should take an active role in their health and wellbeing:

  1. Request training. Avoid the risk of using unfamiliar or dangerous equipment without training. If none has been provided, make a point of seeking formal training for new processes.
  2. Use machinery, equipment and tools correctly. Proper use of equipment drastically reduces your chance of being injured at work. While it may be tempting to take shortcuts, overconfidence can cause injury just as easily as a lack of training.
  3. Wear protective equipment. Some workplaces, such as hospitals and machinery shops, are required to supply protective equipment to employees. Be sure to wearpersonal protective equipment where needed. Remember, the health effects of things like loud environments may only become apparent years later, so it is crucial to look after yourself in the short term.
  4. Maintain your equipment. Tools and equipment should be kept in reasonablecondition to reduce the risk of accidental failures. Maintenance items as simple as frayed power cords can cause fatal injuries, so stay on top of regular equipment maintenance.
  5. Be aware of your surroundings. A large proportion of workplace injuries are caused by simple carelessness. Always bee mindful of your surroundings and other employees to avoid injuring yourself or someone else.
  6. Find out who is in charge of workplace safety. Most workplaces will nominate a single person or a team to oversee safety issues. Be sure you know who these people are in your business so that you can seek them out if you are experiencing an problem.
  7. Report safety concerns. Employees deal with their tools and equipment daily. That often means they have firsthand knowledge of things like unsafe practices, failing machinery and maintenance concerns. If you notice a problem in your workplace, report it immediately and follow up to be sure it is addressed promptly.

Have You Been Injured While at Work? Contact Your Revolution Lawyer Today

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to

Each day, people all over Brisbane clock in at work to perform potentially dangerous tasks that keep our city running smoothly. While many workplaces are aware of the risk to their employees and take measures to ensure their safety, workplace injuries and workplace accidents are still common.In Queensland, Worker’s Compensation protects employees should they become injured while at work. If you suffer an injury, you may be entitled to seek compensation to cover medical expenses, lost wages and undue suffering. When dealing with a workplace injury, it is essential to seek professional legal and medical advice as soon as possible. Your local Revolution Law team can assess your situation, assist you with making a claim and ensure you have access to the experts you need. Our process focuses on being supportive and resolving your claim as quickly as possible, getting you back to work sooner. Have a claim? Speak to your local Revolution Lawyer for a free consultation regarding your Worker’s Compensation claims.

Worker’s Rights for Those on a Working Visa

2023-05-15T19:13:12+10:0015/05/2023|General, Uncategorized, Workers Rights|

Worker’s Rights for Those on a Working Visa

Australia is a large country, and most of us rely on our cars to get where we need to go. Having a Despite restrictions on travel due to COVID-19 over the past few years, Australia still has more than 1.6 million people in the country on temporary and permanent visas. Some of those people are simply here to visit and travel, but many will stay longer to study, work and spend time in our beautiful country. Australia maintains friendly relationships with countries all over the world, offering easy access to travel and working visas for those looking to visit our shores. Coming to Australia on a working visa allows you to find employment during your stay. But, are you entitled to the same rights and protections as other employees in the country? In this blog we will explore working visas and the rights they grant to travellers.

Which Australian Visas Grant the Right to Work?

Australia is a nation built on tourism and migration. A large proportion of our working population are in the country on working visas. In fact, there are more than 120 different kinds of Australian visa, many of which offer the right to work. The most common types of working visa include:

  • Student and Graduate Visas. Student and graduate visas allow international students some right to work during their stay in Australia. There are usually restrictions placed on the amount of hours the student can work and whether or not they must remain enrolled in education.
  • Working Holiday Visas. Plenty of Australia’s tourists come with the intention of working as they travel. Working holiday visas allow people to stay in Australia for 12 months and perform short-term work to fund their travel. Working holiday makers can only work for each employer for 6 months.
  • Skilled Occupation Visas. There are several classes of skilled occupation visas that allow skilled workers to work in the country. Travellers who work in a Skilled Occupation can apply for a visa that entitles them to stay and work in Australia permanently.
  • New Zealand Visas. Australia and New Zealand have always held a close political relationship. New Zealand residents normally do not need to apply for a visa when entering Australia. Instead, NZ citizens with a valid passport are issued a temporary visa that allows them to work and study. The visa ceases automatically when you leave Australia.

Rights of Australian Working Visa Holders

Australia’s workplace laws apply equally to everyone who is employed in the country. That includes both natural citizens and foreign workers who are here on a working visa. While the visa you hold can restrict the type and hours of work you may perform, visa holders are protected by the National Employment Standards (NES) and Commonwealth workplace laws.

Visa holders are entitled to:

  • At least the minimum wage (currently $20.33)
  • Payslips, superannuation and the payment of tax
  • Safe working conditions
  • Limits on the maximum hours they can work per week
  • Annual, personal and compassionate leave
  • Public holidays
  • Termination notice and redundancy pay
  • The right for some casual employees to become permanent employees

In Australia, the minimum rights and conditions of work are set out in documents called awards. Most industries receive their own award agreement. To find out more about your rights, ask your employer which award applies to you.

Exploitation of Visa Holders

Unfortunately, while visa holders are entitled to the same workplace rights as other employees in Australia, some employers may still attempt to take advantage of foreign workers. In addition to minimum employment entitlements, it is also illegal for employers to circumvent requirements by classifying their employees as independent contractors. Other common exploitation tactics include underpaying employees, failing to pay tax or superannuation, unlawful deductions from wages and threats to cancel your visa. Your employer has no power to cancel visas of any type. Only the Department of Home Affairs may issue, refuse or cancel a working visa.

Visa holders working in Australia should seek help from the Fair Work Ombudsman if they are experiencing exploitation. If exploitative or unfair workplace treatment has resulted in you being injured at work, you may also be entitled to make a worker’s compensation claim against your employer.

Have You Been Injured at Work? Contact Your Revolution Lawyer Today

Australia’s workplaces are built on the legal rights that underpin all work in the country. Working visa holders are entitled to all the same rights and protections as other Australian employees. If you have been exploited by your employer and it has led to an injury, you can file a claim and pursue compensation for any suffering and expenses you encounter. Speak to your local Revolution Law team today. Our experienced compensation Lawyers can ensure your situation is properly documented and help file any claims you are entitled to make. Contact us online and let us help you get back to work sooner.

WorkCover, what are you entitled to?

2023-03-22T08:42:56+10:0005/04/2023|Tips & Tricks, Workers Rights|

WorkCover, what are you entitled to?

Your employers WorkCover insurance covers medical expenses incurred because of the injury, such as visits to the doctor, surgeries, hospital stays, and prescription medications. The goal of WorkCover is to help you get recover in a timely manner and this made possible as WorkCover will fund a range of rehabilitation therapy such as physiotherapy and occupational therapy. WorkCover may also cover the cost of mental health care if your injury has caused you psychological distress.

WorkCover also provides financial assistance for lost wages. The first week of your compensation will come directly from your employer as this is their insurance excess for your WorkCover claim. WorkCover will calculate what they will compensate you and this will be paid weekly. Typically, you will be paid 85% of your wage for up to 26 weeks of your claim, then from 26 to 103 weeks you will typically be paid 75% of your wage. If you are still unfit for work from 104 weeks onwards, compensation will depend on other factors.

In addition, the insurance may cover the cost of any necessary retraining that you need to return to work. WorkCover also can arrange for a return-to-work services provider to assist you with preparing a resume or finding suitable jobs to apply for. WorkCover may also pay for any necessary medical equipment or modifications to your home or workplace that are required to help you perform your job duties.

Overall, WorkCover insurance provides financial support to help you manage the costs associated with an injury sustained while working. It also provides ongoing financial assistance if you are unable to return to work.

We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

What does a WorkCover claim look like?

2023-03-22T08:37:23+10:0029/03/2023|Tips & Tricks, Workers Rights|

What does a WorkCover claim look like?

A WorkCover Claim looks like this;

  1. John was an office worker who had been typing at his computer for hours. He developed a repetitive strain injury in his wrist and was unable to continue working. His friend Greg recommended he speak to a Revolution Lawyer to discuss…. He was able to claim WorkCover Insurance, which enables him to receive medical care and financial support while he recovered.
  2. Sally was a factory worker who was injured in an industrial accident due to unsafe practices. She was burned on her arm by a hot machine and had to be hospitalised for treatment. Her WorkCover Insurance enables her to get the medical care she needed and to receive financial support while she was unable to work. Sally also received a lump sum compensation payout at the finalisation of her common law WorkCover compensation claim.
  3. Mark was a construction worker who fell from a broken ladder while working on a building. He broke his leg and was unable to continue working. He was able to claim WorkCover Insurance, which enables him to get medical care and financial support while he recovered. Mark also received a lump sum compensation payout for his common law WorkCover compensation claim.

*These stories have been created as an example.

WorkCover Claims a Two-Stage Approach.

Stage One: Statutory Claim

A worker can claim WorkCover benefits if injured at work. This stage of the claim is part of a no-fault scheme which means it does not matter if the worker caused their own injury. WorkCover benefits include lost wages, medical and rehabilitation costs and travel costs that are treatment and claim related. WorkCover may arrange for the worker to have a permanent impairment assessment by an independent medical provider to determine what’s referred to as a ‘Total Percentage of Impairment.’ Once the worker has been assessed, they will receive a Notice of Assessment and potentially a lump sum offer payout.

The maximum statutory compensation payout possible is $361,273.00. The lump sum offer is calculated using the worker’s ‘Total Percentage of Impairment.’   If the worker obtained a 1% impairment, they would receive 1 % of $361,273.00 which would be a total lump sum offer of $3612.00.

A worker with a 5% injury would receive a lump sum compensation offer of $18 063.00, and a 15% injury would see a lump sum offer of $ 54,190.00.

If a worker accepts the lump sum offer, they cannot pursue a common law claim for compensation unless their assessed degree of impairment is 20% or more. Obtaining an impairment assessment of 20% or more is a significant injury and not typical for most claims.

It is imperative to seek legal advice before accepting the lump sum offer. At Revolution Law our Lawyers provide a free legal consultation to help you determine whether the WorkCover initial offer should be accepted or rejected.

Stage Two: Common Law Claim

Workers can pursue a common law claim with WorkCover if they are not at fault for their accident. In Sally’s case, there were no safety procedures that she had been advised to follow, making the employer responsible for her injury. Likewise, with James, the broken ladder provided by his employer was not suitable equipment and as such his employer was responsible for the injury that James suffered.

While a statutory claim has a maximum payout of $387,240, a common law claim has no limit for payout. The common law claim works by assessing evidence of each of the heads of damages, including pain and suffering, loss of earnings both past and future, medical expenses, care and assistance, and aids and equipment.

Common law claims are specific to the individual circumstances and injuries of the worker and the supporting evidence.  If successful, it is typical for the payout of a common law claim to exceed the statutory claim offer.

Our Lawyers are experienced across an array of WorkCover claims. Take advantage of a free consultation with an experienced WorkCover claim lawyer to determine if a common law claim is right for you. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on track.

Is WorkCover Insurance worth it?

2023-03-22T08:29:15+10:0022/03/2023|Tips & Tricks, Workers Rights|

Is WorkCover Insurance worth it?

WorkCover Insurance in Australia is an important form of insurance for businesses and individuals alike. In Australia, WorkCover Insurance provides employers with coverage for any workplace injuries or illnesses that their employees may suffer from. It also includes protection against third-party claims arising from work-related activities and any legal costs associated with defending such claims. But Is It essential?

Yes! This type of insurance is essential because it helps to protect employers from large financial losses in the event of an employee being injured or becoming ill while on the job. From desk jobs to Construction work jobs, Revolution Lawyers have seen a variety of different claims, one thing is certain, it’s life-changing to be prepared.

In Australia, employers must comply with the relevant safety laws and regulations, and insurance helps to provide a financial cushion should an accident or illness occur. This type of insurance also helps to protect employers from potential liability in the event of an employee filing a lawsuit against them.

Another important benefit of WorkCover Insurance in Australia is that it helps to ensure that injured employees receive the necessary medical treatment and financial assistance. In Australia, WorkCover Insurance pays for medical expenses, lost wages, and other benefits. It also helps to cover the costs of rehabilitation and disability, should an employee’s injury or illness prevent them from returning to work. As such, WorkCover Insurance in Australia provides important financial security for injured employees. If you want to know more of the details of what else is covered, speak to your local Revolution Lawyer. We’re happy to sit down with you and explain any of the highly detailed contracts involved.

Finally, WorkCover Insurance in Australia encourages employers to provide a safe working environment to prevent workplace injuries and illnesses. In Australia, employers must take all reasonable steps to ensure the safety of their employees. This includes providing adequate training and protective equipment, as well as conducting regular risk assessments. If you’re unsure if your employer is providing you with the correct insurance or if you’re unsure if there are other benefits you should be receiving, reach out to Revolution Law.

No matter which of our three offices you choose, our team of lawyers are all dedicated to winning our client’s WorkCover insurance claims. We have exceptional experience in the field of Accident Claims, so you can breathe easy knowing you’re making the right steps to getting your life and career back on trac

What is Work Cover

2023-01-08T18:25:17+10:0006/01/2023|Injury, Uncategorized, Workers Rights|

What is Work Cover?

WorkCover Queensland is an insurance company that provides workers’ compensation insurance.

An employer pays annual premiums to cover their employees.

Are injured workers still eligible for compensation if your employer is uninsured?   

YES! If Workcover is required to pay your worker’s injury claim, and your employer is uninsured or under-insured, they can recover from your employer the amount they have paid out on the claim, plus a further penalty.

Accident insurance is compulsory if you employ workers in Queensland.

Can your employer charge you for having Workers’ Compensation Insurance? 

NO! It is an offence to charge a worker (directly or indirectly) for the cost of workers’ compensation or damages. ANY AMOUNT paid for a work injury claim can be recovered and a fee imposed.

Can your boss sack you for being injured at work? 

NO! Workers who have work-related injuries are protected by legislation. This includes protecting them from dismissal within 12 months of sustaining a workers injury.

Does your boss have to provide rehabilitation if you are injured at work? 

YES! Your employer must provide you with workplace rehabilitation in case of a claim. They should support you in getting better and back to work safely and as early as possible.

What types of Injuries are covered by WorkCover? 

  • physical injuries – cuts, lacerations, burns,
  • penetrating wounds, broken bones or fractures
  • psychological and psychiatric injuries – depression, anxiety, post-traumatic stress disorder
  • diseases – industrial deafness, Q-work related respiratory diseases, such as asbestosis, silicosis, and others
  • aggravated injury or ongoing symptoms
  • critical injuries or work-related fatalities.

I was injured on the way to work -am I still covered? 

YES – You are covered

  • At your workplace
  • Travelling between worksites
  • While working interstate and overseas.
  • Travelling between work and home (“journey claim”).

What about if the injury is a result of serious or wilful misconduct? 

The injury may be covered. The injury would need to meet specific criteria. Ask our Revolution Law team for further explanation on this matter.

What about if it was my fault? 

The statutory scheme operates on a no-fault basis, meaning a worker can claim regardless of who caused the injury.

What does WorkCover compensation cover? 

Basically, the following are covered, with various qualifications depending on individual circumstances.

  • weekly benefits for lost wages
  • medical expenses
  • rehabilitation expenses (such as physiotherapy or counselling)
  • hospital expenses
  • travelling expenses
  • lump sum compensation for permanent impairment
  • death benefits.

What about if I lose the use of or part of my body? 

If you suffer a permanent impairment— loss of efficient use of part of the body, or loss of part of the body—as a result of your work-related injury, you may be entitled to a lump sum compensation.

If I die due to a work-related injury, does WorkCover help my family? 

WorkCover may pay compensation for the death of a worker to the workers’ family (‘dependants’). Payments can include any medical costs, funeral costs, and compensation payable where family members are partially or totally dependent on the worker’s earnings. Qualifications depend on individual circumstances.

When does Workcover stop paying me? 

A worker’s entitlement to weekly compensation ends when the first of the following happens

  • You return to work and are no longer injured
  • You receive a lump-sum offer
  • You have received weekly payments for five years
  • Your total weekly compensation reaches the maximum amount payable.

When does Workcover stop paying for my treatment?

WorkCover will stop paying medical treatment, rehabilitation, hospital, travelling, and expenses when your entitlement to weekly compensation ends and the injury will no longer improve with further treatment.

I am not happy with WorkCovers compensation offer. What can I do now? 

You may choose to seek damages for their injury through a common law claim. Your policy covers you for the cost of a common law claim. You must meet certain criteria before you are entitled to seek damages and you will need to establish some liability on the employer’s part.

Common law costs (damages) can include payments for:

  • pain and suffering
  • past and future wages or economic loss
  • past and future medical costs

legal costs.

In most instances, statutory claim costs are offset against any damages to be paid. Check out this LINK to find out more information.

If you’re concerned about a worker or you had an injury, contact your local Revolution Law Team to discuss your options. For further information about WorkCover and your rights at work, we can organise a no-obligation meeting with a lawyer whenever suits you. 

What Are My Rights If I Am Injured Working from Home?

2022-06-28T18:14:28+10:0016/09/2020|General, Injury, Workers Rights|

What Are My Rights If I Am Injured Working from Home?

Covid-19 has seen more and more Australian businesses move to work from home. The sudden spike in remote working has resulted in many changes in how businesses operate. This, of course, has implications on things such as legal responsibilities and insurance coverage. Workers are entitled to compensation if injured at work, but what about injuries at the home office? The new normal may have you asking, “what are my rights if I am injured working from home?”

Employer obligations

The Workplace Health and Safety Act 1995 outlines that employees are still covered when injured while working from home. Employers are required to ensure that you have a safe working environment, even in a work-from-home situation. Queensland businesses should also have a WorkCover accident insurance policy in place.

Getting injured while working from home

According to WorkCover law, workers are entitled to compensation if they suffer an injury “arising out of or in the course of any employment”. However, the line between “course of employment” and free time can seem blurred when working from home.

During the Covid-19 pandemic, many workers have had to work outside their usual hours as they try to balance home-schooling and childcare duties. This is why work from home injury claims will need to be considered on a case-by-case basis to determine whether the injury happened while working. For example, was the employee still logged into workplace systems and software when the injury occurred?

While working from home, the employee also has a duty of care in terms of their own workplace health and safety. It’s the responsibility of the employee to maintain a safe environment. This could include things such as…

  • Installing fire alarms
  • Restraining animals
  • Maintaining electrical equipment
  • Repairing broken steps

Case Study: Hargreaves vs. Telstra Corporation Ltd

A famous Australian example of injury compensation while working from home is the Hargreaves vs. Telstra case. Telstra employee Dale Hargreaves slipped down the stairs twice in her home while working remotely for Telstra.

When she took legal action against Telstra, the company denied liability, as the accidents occurred away from her workstation and outside typical office hours.

However, the tribunal ruled that the injury “arose out of Ms Hargreaves’ employment with Telstra”, hence making it a workplace injury.

The first fall occurred when Hargreaves left her desk to retrieve cough medicine from the fridge.  It was deemed a workplace accident, as Ms Hargreaves regularly worked late, and the break was a necessary one to ease her coughing.

The second fall occurred when she was locking her front door, as per Telstra’s instructions, after a break-in at her home. This fall was also deemed a workplace accident, as Ms Hargreaves was following a reasonable direction from her employer. Hence, the injury fell within the scope of her employment.

What about contractors and freelancers?

In Australia, contractors and freelancers are not automatically covered by their employer’s workers’ compensation policy. We recommend contractors and freelancers take out their own insurance policies to ensure they are covered in case of injury.

What to do if you get injured while working at home

If you have been injured while working from home, it’s essential to follow the usual procedures. This includes visiting a doctor to get a medical certificate, notifying your employer and lodging a WorkCover claim as soon as you can.

Are you looking for further advice on where you stand in terms of your injury while working from home? Revolution Law can help you with your workers’ compensation claim. We start off by offering free advice over the phone, followed by a coffee meeting where we further discuss your situation and fully disclose our fees. What’s more, if there’s no win, there’s no fee. Contact Revolution Law today.

Lump Sum Offer WorkCover Claim. To Accept or Reject.

2022-06-28T17:03:58+10:0013/09/2018|Workers Rights|

Lump Sum Offer WorkCover Claim. To Accept or Reject.

Do not accept your offer until you have spoken to one of our Lawyers

There is no point taking a risk on your future when you can get free legal advice from an expert. We will explain your risks, your options and you entitlement. If it’s in your best interest, we will act. If not then we will let you know. If we further investigate your matter for you, then no matter what happens if you do accept WorkCover’s Lump Sum offer it will always be 100% yours.

Be Careful: Other law firms may take 50% of your Lump Sum Offer.

We thought that clients getting 100% of the WorkCover statutory claim lump sum offer was normal. Turn’s out that other firms charge to investigate claims even if the client doesn’t want to proceed onto a common law claim. We were appalled when a distressed man rung our firm explaining that he was going to lose half of his ump sum offer to a personal injury firm. He didn’t want to proceed with a common law claim, but faced with losing 50% of his lump sum offer he felt rapped. If had been our client we would have investigated his claim for free meaning his lump sum offer would have remained entirely his.

Degree of Permanent Impairment and Your Lump Sum Offer. 

Before you get given your lump sum offer you must have an assessment for you Degree of Permanent Impairment (DPI). Your DPI will range between 0-100. Your DPI will determine you lump sum offer. If you don’t agree with your DPI then you should respond within 20 business days to appeal the assessment however you should contact our lawyers first before doing so. If you decide to ignore the DI to proceed with the Common Law claim when your employer has been negligent which contributed or caused your injury to occur then don’t stress, you can ignore the lump sum offer based on the DPI and come back to offer after the 20 days as the offer will simply defer.

WorkCover and the self insurers often make it appear that if you don’t accept the lump sum offer based on the DPI then it will expire but this is simply not the case!

Using you DPI to Calculate your Lump Sum Offer. 

The maximum statutory compensation for degrees of impairment which are under 30% is $307,385. The lump sum offer for your DPI is calculated by multiplying the maximum statutory compensation by your degree of permanent impairment.

DPI of 1%: $307,385 x 1% = $3,073.85
DPI of 2%: $307,385 x 2% = $6,147.70
DPI of 3%: $307,385 x 3% = $9,221.50
The WorkCover Statutory Process
A flow chat that shows the workcover statutory process

Your Three Options when Finalising Statutory Claim

  1. DPI less then 20% accept lump sum offer and finalise your Claim (You should speak to our Lawyers before accepting)
  2. DPI more than 20% accept lump sum offer and also run a common law claim
  3. DPI less then 20% reject lump sum offer and run a common law claim (although there are appeal options to appeal the DPI, our Lawyers would advise whether this is suitable or whether it is better to proceed straight to the Common Law claim)
Common Law Claim Compensation Result versus Statutory Lump Sum Offer
In short, a common law claims allows you to claim compensation for other heads of damages which are not taken into account with the statutory lump sum offer.Take into consideration the matter of Mills v BHP Coal Pty Ltd (2017) from the Supreme Court of Rockhampton. Frank Mills, the Plaintiff claimed compensation for injuries that he obtained in October 2014 during his employment with the Defendant, BHP.  The injuries occurred when he attempted to open a stuck butterfly valve on a vacuum pump. His injuries included damage to his cervical spine and right rotator cuff.In this matter Frank Mill’s was assessed with a 12% DPI. Should he have finalised his statutory claim by accepting  the lump sum offer he would have received only $36,886.20 for his serious injuries.Instead Frank proceeded with a common law claim and consequently other heads of damages were taken into consideration. This table outlines the heads of damage which saw Frank receive a total of $1,013,131.89 gross in damages.So what are you waiting for? Book your free consultation today via the online form or by calling our office on 07 3416 4999.
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