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. 

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