How to Recover Loss Due to Work-related Injuries?

In Australia, work-related injuries may be recoverable by way of compensation. Workers Compensation Insurance is compulsory insurance enforced by the Australian government to provide monetary benefits to the injured workers. As each situation is unique, a pinpoint evaluation cannot be made, however, generally in workers compensation claims, injured workers may compensate for their medical expenditures, income loss, emotional suffering and mental injuries. Compared with the other personal injury claims, injured workers might benefit from a lot more privileges. Under the medical expenditures, one can receive compensation for domestic assistance services, vehicle and house modifications and many other healthcare services. On some occasions, the worker can even demand to recover at work while on workers compensation. However, these entitlements can differ as almost every situation has its own factors and variables that can make an impact on the case. It is suggested to visit a workplace injury lawyer to understand your entitlements.

What are workplace injuries?

Work-related injuries can occur due to many factors; however, such injuries mostly arise as a result of negligence. Generally, workers suffering from accidents in the workplace can claim compensation to recover their loss. However, laws state that these injuries do not necessarily have to arise in the workplace. During the course of employment, if a worker suffers an injury as a result of their work, he/she may demand compensation. Such injuries might appear in many forms. From dust diseases to slip and fall injuries, major concussions to traumas, almost every work-related injury is included in workers compensation.

According to the statistics, the majority of the work-related injuries are minor injuries and after the necessary treatment procedure, the employee/worker is likely to be able to get work again. However, others might not be as fortunate. Workplace injuries might lead to permanent damages which can lead to permanent loss of functions of body parts, organs and mental disabilities.

The legal perspective

Regardless of fault, workers that sustain severe and non-minor injuries may be eligible to claim compensation to ease their financial difficulties. The compensation may include hospital expenses, domestic care, back to work assistance –if available-, lump sum payment for permanent impairment and incapacity. However, each claim should be evaluated separately. It is strongly recommended to have a full understanding of entitlements before lodging a complaint. 

In worker injuries, the workers’ negligence is not taken into consideration as the system is based on the no-fault scheme. However, if the worker believes that the employer was negligent and if he/she can prove it, work injury damages may also be awarded.

While running a business, employers should assure the workers safety. Under the laws, this is defined as the legal duty of the employer. The employer is responsible to provide a safe workplace with safe and up-to-date equipment and should hesitate to disregard any risk element. Employers can believe mistakenly that providing the workers’ with the necessary equipment is sufficient to design a safe workplace. However, this is utterly wrong as unmaintained, old and nondurable equipment is likely to cause an accident.

Conclusion

Workers Compensation Insurance is designed to aid the injured workers during their treatment and post-treatment processes as the consequences of such injuries can be challenging. Rightfully, workers in Australia can benefit from these privileges regardless of fault. However, the process is long and tiresome and focusing on your claim can be hard to handle whilst suffering injuries. For this reason, working with a workers compensation lawyer would be a wise choice as a competent professional can lead a perfect claim process and ensure you are aware of your rights.