All Australian employers are required to take out workers compensation insurance to ensure that their employees are covered in the event of a workplace accident, although the details of the statutory workers compensation schemes vary from one State to another.
Australians who are injured at work or on their way to and from work may be entitled to lodge a workers compensation claim. They may also be eligible for compensation if they are injured whilst performing activities associated with work such as taking a lunch break or attending a business conference outside of normal work hours.
Although all of the States and Territories of Australia have slightly different workers compensation laws, in all cases they are not fault based schemes. This means that Australians can claim compensation for workplace injuries regardless of who was at fault. Workers may lose the right to lodge a compensation claim if they were violating the law at the time when the accident occurred or if they were neglecting to follow safe work practices documented as company policy. However, even in these instances there are cases where a compensation claim may be possible. Individuals in these situations should seek the advice of an accredited personal injury lawyer to ensure that they are aware of their rights.
Whenever a workplace injury occurs, the injured person should seek immediately medical attention - preferably from a qualified doctor. Often individuals neglect to do this if the injury seems minor, but this can cause problems down the track if they attempt to claim compensation for complications that are not immediately apparent. It is always best to be on the safe side and get the injury checked by doctor as quickly as possible even if this is not required by the employer. The injured person should ensure that they receive a copy of the WorkCover Medical Certificate.
In every State and Territory of Australia, individuals who suffer a workplace accident have an obligation to inform their employer that an injury has occurred within a reasonable amount of time. The exact length of time permitted by the law varies from one state to another, but the injured person should notify their employer as soon as practical to ensure that they don't lose the right to lodge a workers compensation claim.
Injured workers may be able to claim medical expenses and rehabilitation or retraining costs from their employer's workers compensation insurance, as well as payment for lost earnings. In addition, they may be entitled to claim a lump sum payment if they were permanently impaired by the accident.
Because worker's compensation is a no fault scheme, the injured worker does not automatically receive additional compensation for employer negligence if this was a contributing factor in the accident. However, the worker may be entitled pursue a separate common law negligence claim against their employer in this case. The amount of damages awarded will be dependent upon the extent of the workers injuries and the expenses incurred as a result of the injuries. However, in some States, being awarded damages for negligence may affect the individual's right to compensation under the relevant Workers Compensation Act.
Because this area of the law is complex and varies from one State to another, it is a good idea to talk to an accredited personal injury lawyer before choosing a course of action. In particular, be very wary about accepting any offer from an insurance company before getting legal advice - in most cases, once you accept an offer you forfeit the right to pursue legal action for employer negligence.
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