Workers Compensation FAQ
Here are some commonly asked questions to assist your understanding of the workers compensation process.
Q: How much will it cost?
A: Stacks/Compensation has a no win, no fee policy. We charge no fees unless the claims are successful and we generally pay all outgoings (such as travel to medical appointments). If your claim succeeds, the insurance company will pay the lawyer all of the legal fees, so you are protected by law from any hidden costs to get your workers compensation if you are injured in the workplace. If, however, it is decided that your claim is a fraud, both the insurance company and your lawyer may seek reimbursement for their work and outgoing costs from you.In claims where you are suing for damages (such as in a permanent injury), we generally pay for all your outgoing costs, such as disbursements for medical reports, which will be reimbursed to us by the insurance company in the likely event of a successful claim. The insurance company will also cover most of the legal costs with us—the difference between the payment of the insurance company and the actual cost is generally about one third, which you pay to us from your claim compensation.
Therefore, if you think you have a valid claim, it is in your best interest to use a Personal Law Lawyer since the amount of your compensation will be more than your legal fees. Using us can help you receive your full entitled compensation at minimum cost!
Q: Who Will I Get Compensation From?
A: In Australia, each state and territory has its own statutory authority for Workers Compensation Acts. They are as follows:- South Australia - WorkCover Corporation
- ACT - ACT WorkCover
- Northern Territory – WorkSafe
- Tasmania - Workplace Standards Tasmania
- Victoria – Victorian WorkCover Authority
- Western Australia – Western Australia WorkCover
- Queensland – WorkCover Queensland
Q: How will compensation be paid? Iin instalments or in a lump sum?
A: If you are receiving workers compensation payments, this will come in weekly instalments and will be taxed. If your compensation is for damages, you will receive a lump sum that will be tax free.Q: I really don’t want to go to court. Can I still make a claim?
A: Yes. You do not need to go to court in order to receive a fair Workers Compensation settlement. Generally, you place a claim due to your injury, receive your compensation, and then return to work when you are able. If there are disputes involving your claim, a WorkCover medical specialist or someone appointed by the Workers Compensation Commission will assess your claim. However, if you are involved in a complex common law claim, you may need to go to court.Q: What is a common law claim? Can I make one?
A: In cases where you feel your employer has breached a contract or duty for you, you may wish to lodge a common law claim. This may occur after you have already received Workers Compensation benefits. This means that you will be suing your employer, and the court is the body to decide on common law damages. Your time restrictions under this scheme are very specific: after your injury is assessed by WorkCover, it will create a “Notice of Assessment” which offers a lump sum monetary figure. You must respond to this offer within 20 days. It should cover damages such as pain and suffering, wages lost, medical expenses, and legal expenses.When deciding whether or not to accept this offer, we suggest that you contact Stacks/Compensation, because you may be entitled to much more compensation than the “Notice of Assessment” will offer. If your injury is permanent, for example, a common law settlement can compensate you for the rest of your working life—but if you sign the initial “Notice of Assessment” offer, you will be unable to pursue further common law damages. Contact Stacks/Compensation at any of our 25 convenient offices throughout NSW and QLD to ensure that you receive everything you are entitled to.
Q: What if the Court decides that the accident is partially my fault?
A: To receive workers compensation, it does not matter if you were partially at fault. You will still receive all of your weekly payments. If you are suing for damages however and it is decided that you were partially at fault, your compensation award will be reduced by the level of your responsibility. For example, if the Court determines that the accident deserves $50,000 compensation, but that you were 50% at fault, you will receive half of your compensation, or $25,000.Q: Do NSW and QLD have the same processes in filing a Workers Compensation Claim?
A: While the specific steps may be slightly different, the main process is essentially the same. You must see your doctor, inform your employer, and complete a Workers Compensation Claim form in both NSW and QLD. The names of the insuring bodies vary between states, but as you go through the process, your employer and the insurance company should explain what to do. Contact Stacks/Compensation if you experience difficulties in receiving your lawful compensation.If you have been injured as a result of an accident at your workplace, or travelling to, from or for work, Stacks/Compensation can help you with your Workers Compensation claim.
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