Understanding Australian Law

About Me

Understanding Australian Law

Hello, my name is Nigel and this is my law blog. The law can be a complicated and complex thing to try and understand, especially if you are not a trained lawyer. I am not a legal professional but I take a deep interest in the law. It all started when my uncle was involved in a lengthy court case and I decided to find out a little bit more about it. I started reading a legal book and didn't stop. I am fascinated by the law so I decided to start a blog so I could share my passion with others.

What Is a Workplace Accident?

As a worker, you have a right to safety in the workplace. You also have a right to be compensated should that safety be compromised. This compensation covers accidents in the workplace and ensures your protection should you suffer an injury. 

This article defines what counts as a workplace accident under work accident law. It also looks at what you can do if you need help and wish to seek compensation.

What workplace accidents can you seek compensation for?

Among the more common injuries are a result of lifting, twisting, bending, or manual handling. No two workplace injuries are the same, and not all of them happen instantly. Many employees become injured over a period of time due to their work duties. These injuries can be either physical or mental.

What rights do you have if you get hurt in the workplace?

If you experience an injury in the workplace, you're entitled to ask for benefits under the Work Cover scheme. This scheme can include medical treatment, weekly compensation payments if you're unable to do the job you were doing before your injury, and depending on the circumstances, a lump sum compensation.

If your Work Cover claim has been accepted, your employer has no choice but to assign you modified duties, if available. To claim compensation under the Work Cover scheme, get in touch with a Work Cover lawyer today.

When should you get legal advice for workers' compensation?

You should seek legal advice soon after you've suffered an injury. This will maximise the amount of compensation you could be compensated for.

Additionally, there are strict timeframes in which you can access particular types of compensation. Seeking legal advice from a work accident lawyer in a timely manner will ensure you won't miss the deadline.

How can you make a workers' compensation claim?

You can access compensation for an injury in the workplace by filing a Workers Injury Claim Form. You'd be required to file the claim with your employer as soon as is realistic after you've suffered the injury.

Once your employer has received the claim, they'll need to pass it on to the relevant worker's compensation insurer within a certain time frame. After that, the insurer is required to reply to you in writing, either rejecting or accepting your claim.

If you're unable to perform your job duties after the injury and wish to claim weekly payments, you'll be expected to add a Certificate of Capacity to your claim. You can get this certificate from a treatment provider such as a physiotherapist or a GP. 

For more info about work accident law, contact a local company.