You have a number of rights if you have been injured at work.
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In addition to a WorkCover claim, you may also be entitled to income protection benefits and/or Total and Permanent Disablement benefits under your superannuation policy.
Weekly payments
Weekly payments of compensation are paid at a percentage of ordinary base pay rates.
In the first 13 weeks of incapacity the payments are 95 per cent and thereafter the weekly payments continue at 80 per cent if there is total incapacity for work or if there is partial incapacity.
A worker's entitlement to weekly payments of compensation ceases after an aggregate period of 130 weeks, unless you are assessed as having no current work capacity and as being likely to continue indefinitely to have no current work capacity.
Compensation for medical and like expenses
You are entitled to the reasonable costs of medical, hospital, nursing, personal and household, occupational, rehabilitation, ambulance services and medication costs, received as a result of your injuries. These also include travelling expenses incurred in attending for any medical treatment or for attending an examination requested by your employer or the WorkCover Insurer.
Lump sum compensation for permanent partial impairment
A worker who suffers an injury in the course of their employment, which results in permanent disability or impairment, which, when assessed in accordance with the American Medical Association Guides to the Evaluation of Permanent Impairment (Fourth Edition), is entitled to compensation where that degree of impairment is five per cent or more (or 10 per cent or more for injures before 3.12.03), or 30 per cent or more for any psychological or psychiatric injury, illness or condition.
Common law damages
Under current Legislation, you are entitled to recover a single lump sum payment of Damages at Common Law, in respect of your injuries if they occurred on or after 20 October, 1999, and you can establish:
- That the injuries you sustained satisfy the definition of "serious injury"; and
- That your injuries were caused by negligence or failure to take proper care on the part of your employer.
You should seek advice from a solicitor before commencing any Common Law claims for damages. Please feel free to make an appointment with one of our specialist WorkCover solicitors to discuss your WorkCover claim further.
