Workers Compensation Lawyers Melbourne

A work-related illness or work injury compensation payout is usually paid weekly, but lump sum payments are also possible if a permanent impairment has occurred.

Weekly Compensation

If you cannot return to your regular work duties due to your injuries, you are entitled to compensation for lost wages.

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

• During 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 Help and Similar Benefits

If you have a work-related injury or illness, you can 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 after being injured at work, you should:

• Provide your treating doctors and medical providers with your WorkCover claim number. Your doctors and medical providers can submit the costs directly to the WorkCover insurer.
• If you have already paid for medical and similar benefits out of your own pocket, you should keep all receipts and send 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 get in touch with 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.

Your injuries and condition must be stable to proceed with an Impairment Benefit claim.

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 by the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition;
• For psychiatric (psychological) injuries, you are required to establish at least a 30% whole-person impairment when assessed by the American Medical Association Guides to the Evaluation of Permanent Impairment 4th Edition.

To proceed with an Impairment Benefit claim, you must lodge a further compensation claim form detailing the permanent injuries you have suffered. Upon receiving this claim form, the WorkCover insurer will likely 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.