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Workers Compensation & Comcare - What benefits can I claim?

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Weekly Compensation

If, as a result of your injuries, you are unable to return to your normal work duties, you are entitled to compensation for lost wages.

For injuries suffered on or after 5 April 2010, your entitlement to weekly payments is calculated in accordance with three separate time periods, these are:

  • The first 13 weeks following your injury, weekly benefits are paid at 95% of your pre-injury average weekly earnings.
  • Post 13 weeks, up to 130 weeks (2 ½ years), compensation for weekly payments is paid at 80% of your pre-injury average weekly earnings.
  • If you have a partial working capacity, you will be paid the difference between your weekly wage and the 80% rate.
  • After the 130 weeks (2 ½ years), weekly payments will usually cease unless you have been found to have no current work capacity. If this has occurred, weekly payments are payable at 80% of your pre-injury average weekly earnings.

After 52 weeks, you are also entitled to Superannuation contributions.

Medical and Like Benefits

If you have a work related injury or illness, you are entitled to claim benefits for reasonable medical and like expenses.

These costs include:

  • hospital and ambulance expenses;
  • doctors, physiotherapists, chiropractors, chemists and hydrotherapy expenses;
  • medication expenses;
  • rehabilitation expenses;
  • household and personal assistance;
  • occupational rehabilitation; and
  • Travel expenses to appointments for medical treatment.

To claim the costs for medical and rehabilitation benefits, you should:

  • Provide your treating doctors and medical providers with your WorkCover claim number. Your doctors and medical providers can then submit the costs directly to the WorkCover insurer.
  • If you have already paid for medical and like benefits, out of your own pocket, you should keep all receipts, sending these receipts to the WorkCover Insurer (quoting your WorkCover claim number) requesting these expenses be repaid.

If the WorkCover insurer is not making proper payment of your medical and like benefits or have sought to terminate or reduce access to medical and like benefits, please contact National Compensation Lawyers immediately to discuss your appeal rights.

Lump sum compensation for Permanent Injuries suffered

If you have a work related injury or illness that has resulted in a permanent impairment, you may be entitled to lump sum compensation.

To proceed with an Impairment Benefit claim, your injures and condition must be stable.

To be entitled to lump sum compensation, the injuries you have suffered need to meet relevant thresholds as defined by the Act:

  • for physical injuries, you are required to establish at least a 10% whole person impairment when assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition;
  • for psychiatric injuries, you are required to establish at least a 30% whole person impairment when assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition.

To proceed with an Impairment Benefit claim, you are required to lodge a further compensation claim form detailing the permanent injuries which you have suffered. The WorkCover insurer, upon receiving this claim form is likely to arrange medical examinations to determine your level of impairment. Should you meet either of the thresholds detailed above; a written offer of compensation will be made to you for your consideration.

Please contact National Compensation Lawyers to obtain your Impairment Benefit Claim Form and for further advice about your entitlement to lump sum compensation for permanent injuries suffered.

For more information or to arrange an obligation-free consultation with a lawyer, please call us on 1300 FEARLESS (1300 332 753).