Am I Eligible To File Compensation Claims

Workers compensation claims can be filed by any individual who is an employee, and has been injured or suffered an illness as a result of working in the workplace. Almost all employers in Australia are required to have workers compensation insurance to protect themselves against compensation claims by employees who may become injured or suffer an illness while on the job. While workers compensation is available to all eligible employees, it is not available for all injuries suffered in the workplace. Before submitting your compensation claim lets take a quick look at which injuries are eligible under the terms of workers compensation

Eligible injuries include:

Physical injuries
Occupational diseases (i.e. asbestos exposure)
Carpal tunnel syndrome
Stress and mental injuries

Ineligible injuries include:

Potentially those sustained due to the employee being under the influence of alcohol or drugs
Depending on the State concerned, those incurred on the way to and from work the workplace
Potentially those that are the direct result of employee negligence or irresponsibility
Injuries that occurred outside of the applicable timeline provided to file claims

After informing your employer that you have been injured and you have sought medical help you will then have to wait until your claim is reviewed. By law this process should take no longer than three months or 12 weeks, as this is the maximum amount of time allowed for provisional liability payments. These payments are to be paid by the insurer even while your case is being decided.

How long do you have to file your claim?

Under Australian law, in most cases you have up to 6 months to file your claim, although there are some exceptions to this rule.

Should I seek a compensation lawyer?

It is advisable to seek the advice of a compensation lawyer if:
Your claim is complicated
You are seeking a large amount of damages
You are experiencing difficulties getting your claim processed
You are unsure of what to do

A compensation lawyer will help you file any required documentation and represent you when working with your employer and/or insurance company?

What benefits can I receive?

If you are rewarded for your compensation claims you can be paid for:
Medical bills
Loss of income
Permanent disability
Potentially other losses incurred as a direct result of the injury sustained

Knowing your rights is the first step in winning your compensation claims.