Workplace Injuries

Know what your rights are... 

What are my legal rights if I am injured at work?

If you are an employee and have sustained an injury at work, you may be eligible to receive workers compensation, regardless of whether there was any fault on the part of your employer.

To confirm what your entitlements are, please contact our office on 131 LAW (131 529) to obtain the right advice.

Our solicitors will make sure you get what you deserve, relieving you of the stresses and pressures that come with claims handling and litigation.

What should I do if I was injured at work?

You must report the incident to your employer immediately and lodge a Claim Form with the Workers Compensation Insurer within 6 months from the date of injury.

It is imperative that you seek legal advice at the earliest opportunity - even before liability for your injury has been admitted or denied. This will ensure that you receive your entitlements.

What if my employer does not have workers compensation insurance?

If you find that your employer was uninsured at the time of the incident you will still have rights to compensation under the Uninsured Liabilities Scheme.

What can I claim?

Depending on the nature of the claim, you may be eligible for all or some of the following payments:

  • Weekly benefits
  • Medical or related treatment
  • Occupation rehabilitation services
  • Ambulance service
  • Hospital treatment
  • Travel expenses to attend appointment for medical and other treatment
  • Lump sums for permanent impairment
  • Vocational re-education and retraining, work aids and equipment, work trials
  • When the injury results in the death of the worker, the dependent family members may be eligible for death benefits and/or funeral expenses.
  • Damages in the event of negligence on the part of your employer.

How are my weekly benefits calculated?

The ways in which your weekly benefits are assessed and calculated are summarised as follows:

0 to 13 weeks – section 36 (first entitlement period):

  • Up to 95% of your pre injury average weekly earnings based on current work capacity and any current earnings.

  • 14 to 130 weeks – section 37 (second entitlement period):
  • No Capacity for work: up to 80% of pre-injury average weekly earnings
  • Partial Capacity for work: If you have capacity to work and you are working15 hours or more per week the weekly payment is made up to 95% of pre-injury average weekly earnings less any current earnings.

  • 131 to 260 weeks – section 38 (third entitlement period):
  • No Capacity for work: Up to 80% of your pre-injury average weekly earnings.
  • Partial Capacity for work: Up to 80% of your pre-injury average weekly earnings if you are working at least 15 hours and earning at least $168.00 per week. If you have capacity to work but you are not working at least 15 hours per week and earning at least $168.00 per week, the weekly payments will cease.

  • After 260 weeks - section 39 (five years): Weekly payments will cease.
    Benefits may continue after five years if:
  • If you are deemed a “seriously injured worker” – that is if you are assessed to have greater than 30% permanent impairment; and
  • If you have greater than 20% permanent impairment and have no work capacity (and likely to continue indefinitely); and
  • If you have greater than 20% permanent impairment and you are working 15 hours or more, earning at least $168.00 or more per week and are indefinitely incapable of undertaking further employment to increase your earnings.

  • Hearing Loss / Industrial Deafness Claims – what you need to know:

    For those of you who work, or have worked in noisy environments, and have been experiencing difficulties with your hearing, then you may be suffering from what is commonly referred to as Industrial Deafness.

    If this is the case you could potentially have a claim against your current or last "noisy" employer.

    The team here at VLF has streamlined processes in place to assist you with such claims, ensuring you receive your entitled compensation in the shortest time possible.

    The process is simple.

    However we must first demonstrate that you are suffering from a hearing loss equivalent to at least 11% whole person impairment, being, 20.5% binaural hearing loss. If this is established, we can then lodge a claim on your behalf with the relevant workers compensation insurer.

    For more information about workplace injuries, or for a free hearing test (audiogram), call us on 131 LAW (529) or contact one of our friendly workplace injury lawyers today.

    Theresa Armstrong