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How to make a workers’ compensation claim

7 April 2021

Gerard Malouf

Have you been injured at work, and don’t think you’re receiving the compensation you deserve? It’s time to talk to the legal experts at Gerard Malouf & Partners. Our work injury lawyers have 35 years of experience in winning workers’ compensation claims, and can advise you on how to submit a successful one.

Are you eligible for workers' compensation?

If you’re injured at work, notify your employer as soon as possible. Making a workplace injury report is the first step toward qualifying for workers’ compensation, followed by filling out a workers’ compensation claim form.

Next, you’ll need to see a doctor to obtain a workers’ compensation certificate of incapacity. You’ll need to send this form to the insurer within seven days, and then they have 21 days to respond. However, they may commence provisional payments for loss of income and medical treatment in the interim.

Without proper guidance, you may not receive maximum claims compensation for your personal injury. We recommend working with one of our accredited specialists throughout the claim process to maximise your claim and pursue all avenues for compensation for an injury or illness at work.

What types of injuries are covered?

The vast majority of cases for serious workers’ compensation claims are due to physical injury and musculoskeletal disorders, followed by disease and mental illnesses.

Body stress and back injuries

The vast majority of cases for serious workers’ compensation claims are due to physical injury and musculoskeletal disorders, followed by disease and mental illnesses.

Falls, slips and trips

Another extremely common reason for workers’ compensation claims is a slip, trip or fall. These are typically also preventable accidents that can be minimised via risk assessment in the workplace as well as enforced safety measures to reduce the chance of slipping and falling due to wet or slippery surfaces, poorly lit stairwells or cluttered environments.

Mental stress and illness

Mental stress and psychological injuries suffered at work are comparatively rare, but can range from depression or anxiety to post-traumatic stress disorder. These injuries can be caused by a variety of incidents, including workplace bullying, witnessing or experiencing a traumatic event, or being subjected to violence and sexual harassment.

Other common types of work injuries

Other types of work injuries include those caused by sound, pressure, heat or electricity, or exposure to chemicals, hazardous substances, bacteria or viruses.

What can you claim under workers' compensation?

Other types of work injuries include those caused by sound, pressure, heat or electricity, or exposure to chemicals, hazardous substances, bacteria or viruses.

Reasonable medical expenses

You’re entitled to payments of all reasonable medical expenses that you incurred as a result of the work-related injury or illness. These would include the types of medical treatment which would be considered practical to assist you toward your recovery and hopefully toward return to work, and also cover travel expenses to and from visits to health care providers such as:

General Practitioners
Physiotherapists
Specialist appointments
Other medical attendances.

Weekly compensation payments

You may also be entitled to weekly compensation payments to help cover your expenses during any periods of incapacity leading to time away from work.

These compensation payments are available if you’re injured and incapacitated in such a degree that you’re unable to earn your normal wage.

Payments of weekly compensation, known as WorkCover, are made if you’re totally incapacitated, meaning you cannot attend work at all, or may be available in the form of makeup earnings if your injury means you’re returning to work under restricted duties and restricted hours.

WorkCover weekly payments depend on how serious your injury and/or incapacity is, and how long you’re off work. Your weekly payments are calculated as a percentage of your Pre-Injury Average Weekly Earnings (PIAWE), up to a set maximum, and is typically based on your average weekly earnings spanning the 12 months before your injury.

Your weekly compensation payments may not necessarily be paid on a weekly basis, and could be paid out fortnightly or monthly. You might not be qualified to receive your entire wage loss during periods of incapacity, and your wage loss compensation may not be calculated on a dollar-for-dollar basis.

Be aware that if you’re receiving weekly compensation payments, and you return to any type of work, you must advise the insurer. This applies even if you start any unpaid or voluntary work.

Lump sum claim(s) for impairment and/or pain and suffering

If you have sustained an injury which results in a permanent impairment, you can claim for lump sum benefits in relation to the impairment. Depending on the percentage of whole body impairment, you can also claim for a further lump sum for pain and suffering.

Once you receive such a lump sum, weekly compensation payments under workers’ compensation will end, so make sure you have the counsel of an experienced work injury lawyer to help you maximise your various avenues of compensation.

Workplace negligence damages

In addition to helping our clients receive a full workers’ compensation claim package for a work-related injury, our experienced legal team can also help you to seek workplace negligence damages if such a charge applies to your situation, or even pursue a third party who may have put you in harms way in regard to an unsafe work location.

Gerard Malouf & Partners lawyers have managed many workers’ compensation claims with a high success rate of gaining compensation for our clients. A work injury lawyer from our team will strive to get you the highest level of work injury compensation you’re entitled to.

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