If you are injured at work, it’s in your interests to make sure you get proper benefits
This may seem obvious, but the fact is, an employer’s insurance company or even WorkSafe can try to push you around.
This is because it’s in their interests to meet their financial goals. But their goals are not necessarily yours.
It always pays to get a second opinion on your claim and circumstances. Ask us. Ask your union.
When you come to us, you have the confidence of knowing you have one of Victoria’s most experienced personal Injury law firms on your side. And that commitment extends to our duty of care towards you, understanding the personal trauma that accompanies injury and the need to be supported at a vulnerable time.
Things you must do now: there is a 30-day deadline!
- Report your injury. If you don’t within 30 days, you may forfeit your cover.
- Lodge your WorkSafe claim with your employer. (You will need a medical certificate.)
- You should get weekly payments immediately.
- If claiming for a lump sum payment, call us. Now.
Personal Injury forum: Barbs’ workplace injury
Barb, a nurse, sustained an injury while lifting a heavy patient – accidentally twisting her knee while trying to protect her back. In this interview she discusses her experiences while trying to claim workers compensation for the injury.
What types of benefits are available?
WorkSafe can cover medical costs and pay weekly benefits and lump sum payments.
Medical and related expenses
All types of medical and related expenses may be claimed if it is required to help you get back to work. That’s the point of WorkSafe. So this can include physiotherapy, acupunture, occupational rehabilitation and hydrotherapy. Travel expenses to attend appointments are also claimable.
Weekly benefits
Weekly benefits can be made for up to 80% of your pre-injury earnings for up to 130 weeks if you were injured on or after 1st January 2005.
If you are permanently disabled, you may continue to receive weekly payments, and even a lump sum.
Lump sum payments
WorkSafe can award lump sum compensation payments for permanent significant injury. These are part of the scheme of benefits that WorkSafe manages. The criteria for entitlement to a lump sum claim are tough and claims can be rejected by WorkSafe. The best rule if you are considering making a lump sum claim is therefore to get legal advice.
As a general rule, you must have suffered at least a 5% physical impairment as assessed by WorkSafe. Here’s a rough guide:
| 5% impairment: | $10,760 |
| 15% impairment: | $32,348 |
| 20% impairment: | $44,745 |
| 25% impairment: | $57,143 |
| 30% psychiatric impairment: | $69,540 |
Common law claims
Under some circumstances, where the injury is severe or there is obvious employer negligence, your claim for compensation could be contested in Court. These are called Common Law claims and typically they result in much larger payouts than those regulated by WorkSafe.
If it is our opinion that you have a Common Law claim, we will advise you of that. In the end, it is your decision. But as we only receive a fee payment when acting on a "No Win No Fee, OR Expenses*" basis, it’s in our interest to get it right.
After 60,000 successful compensation cases, we are a pretty good judge.
How big a payout? A rough guide to WorkSafe compensation
Note: these amounts are awarded for pain and suffering. Additional lump sums are often obtained for loss of earnings.
| Spinal Cord damage consisting of immobility in affected area (e.g. upper or lower limb): | $250,000 – to the maximum of $511,920 |
Back (surgery) |
|
| Spinal fusion surgery: | Good surgical result: $150,000 – $250,000 Poor surgical result: $250,000 - to the maximum of $511,920 |
| Discetomy surgery: | Good surgical result: $100,000 – $150,000 Poor surgical result: $150,000 - to the maxiumum of $511,920 |
| Laminectomy surgery: | Good surgical result: $100,000 – $200,000 Poor surgical result: $200,000 - to the maximum of $511,920 |
| Foraminectomy surgery: | Good surgical result: $150,000 – $200,000 Poor surgical result: $200,000 – to the maximum of $511,920 |
Common back conditions |
|
|
Non surgical back injury e.g. minor disc bulge or prolapse, with no nerve root impingement: |
$100,000 – $200,000 |
|
Spinal Stenosis: |
$100,000 – $300,000 |
| Spondylolysis: | $100,000 – $300,000 |
| Spondylotic Myelopathy: | $250,000 – to the maximum of $511,920 |
Neck (surgery) |
|
| Cervical fusion: | Good surgical result: $150,000 – $250,000 Poor surgical result: $275,000 – to the maximum of $511,920 |
| Non surgical neck injury e.g. minor disc bulge or prolapse, with no nerve root impingement: | $100,000 – $200,000 |
Other conditions |
|
| Mesothelioma: | $250,000 - $400,000 |
| Other respiratory conditions: | $80,000 – $400,000 |
| Loss of sight in one eye: | $175,000 – $250,000 |
| Psychiatric injury: | $100,000 – $200,000 |
| Head injury: | $150,000 – $400,000 |
| Shoulder injury: | $75,000 – $300,000 |
| Knee injury: | $75,000 |
| Paraplegia: | Likely to be the maximum of $511,920 |
| Quadraplegia: | Likely to be the maximum of $511,920 |
Call or find us at an office near you for free advice on WorkSafe and other injury claims, or download our WorkSafe brochure.
40 years in the law
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