Frequently Asked Questions
You need to check the relevant legislation in your State and Territory, as the rules are different in each jurisdiction.
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What is an ‘injury’ for workers compensation purposes?
- Injury is broadly defined and can cover physical as well as psychological injury.
- Physical injury covers anything that negatively affects the body and senses and includes:
- injuries which are immediately obvious such as lacerations or muscle strain; and
- injuries that present themselves sometime after exposure such as hearing damage.
- Psychological injuries cover a range of cognitive, emotional and behavioural symptoms that interfere with an employee’s life and can significantly affect how they feel, think, behave and interact with others.
- Psychological injuries include depression, anxiety and post-traumatic stress disorder. Psychological injury does not include job stress meaning the physical and emotional symptoms which may arise in response to work situations but do not give rise to a disorder.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
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What are the general duties of an employee when it comes to workers compensation?
- Employees have an obligation to:
- report injuries promptly;
- participate in rehabilitation programs and complete medical assessments required as part of their ‘return to work’ plan;
- notify their employer if their condition improves or worsens or if there have been any changes to their weekly payments; and
- act honestly throughout the claims process.
- Penalties for lying on a claims form or for producing fraudulent documentation can be very serious.
- Most states and territories require employees to lodge claims for compensation within 6 months of the incident occurring. There are exemptions which can be applied in cases of occupational disease such as mesothelioma which can sometimes emerge decades after exposure to asbestos.
>> Read more & related FAQ's
-
What are the general duties of an employee when it comes to workers compensation?
- Employees have an obligation to:
- report injuries promptly;
- participate in rehabilitation programs and complete medical assessments required as part of their ‘return to work’ plan;
- notify their employer if their condition improves or worsens or if there have been any changes to their weekly payments; and
- act honestly throughout the claims process.
- Penalties for lying on a claims form or for producing fraudulent documentation can be very serious.
- Most states and territories require employees to lodge claims for compensation within 6 months of the incident occurring. There are exemptions which can be applied in cases of occupational disease such as mesothelioma which can sometimes emerge decades after exposure to asbestos.
>> Read more & related FAQ's
-
What are the general duties of an employee when it comes to workers compensation?
- Employees have an obligation to:
- report injuries promptly;
- participate in rehabilitation programs and complete medical assessments required as part of their ‘return to work’ plan;
- notify their employer if their condition improves or worsens or if there have been any changes to their weekly payments; and
- act honestly throughout the claims process.
- Penalties for lying on a claims form or for producing fraudulent documentation can be very serious.
- Most states and territories require employees to lodge claims for compensation within 6 months of the incident occurring. There are exemptions which can be applied in cases of occupational disease such as mesothelioma which can sometimes emerge decades after exposure to asbestos.
>> Read more & related FAQ's
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What are the general duties of an employer when it comes to workers compensation?
- Employers cannot refuse a claim for workers compensation. When employers receive a claim for workers compensation they must:
- promptly notify their insurer;
- promptly notify the safety regulator for their state or territory if the incident involved a serious injury;
- provide the employee with information about their rights under the law;
- keep appropriate records such as:
- wage records;
- incident reports; and
- injury monitoring reports;
- comply with any company rehabilitation policies; and
- pay benefits to the employee that includes an initial payment to the employee upon lodging a workers compensation claim (the excess) as well as weekly payments once the claim is approved.
- Serious injuries include but are not limited to:
- injuries that require immediate medical or hospital treatment;
- amputation;
- electric shock; and
- spinal injuries.
>> Read more & related FAQ's
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How are compensation payments calculated and how often are they made? How long can I receive payments for non-permanent injuries?
- Following the initial excess payment to an injured employee regular payments are usually paid out on a weekly basis.
- Depending on your state or territory payments made to injured employees are in the amount of their normal weekly earnings (NWE) or average weekly earnings (AWE) based on common industry practice. The applicable payment method differs between states and territories:
- Commonwealth:
- weekly payments for up to 45 weeks at NWE rates;
- Australian Capital Territory:
- weekly payments for up to 26 weeks at NWE rates;
- New South Wales:
- weekly payments for up to 26 weeks at NWE rates (caps apply);
- AWE rates are paid to employees that are not covered by an award or enterprise agreement; and
- statutory rates apply for compensation paid out beyond 26 weeks;
- Northern Territory:
- weekly payments for up to 26 weeks at NWE rates;
- Queensland:
- weekly payments for up to 26 weeks at 85% of NWE rates;
- South Australia:
- weekly payments for up to 13 weeks at AWE rates;
- Tasmania:
- weekly payments for up to 26 weeks at NWE rates;
- Victoria:
- for injuries sustained after September 2000 95% of the pre-injury average weekly base pay to $1,190/week plus regular overtime and shift allowance for the first three months; and
- for permanent injuries payments are determined through a ‘whole person impairment’ assessment.
- Western Australia:
- weekly payments for up to 13 weeks at award wage rates plus overtime; and
- AWE rates apply for employees not covered by an award.
- While these rates make reference to time limitations payments will continue for up to 5 years but at reduced rates. If you need more specific information about your situation you can use our free and anonymous Ask a Lawyer service.
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What about employees with permanent injuries?
- Generally employees with permanent injuries are exempt from the five-year limit on weekly payments and the 12-month limit for claiming medical and related expenses.
- They are also exempt from undergoing regular work capacity assessments.
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How do workers compensation payments affect my superannuation?
- Employers are not required to contribute to your superannuation fund whilst you are absent from work on WorkCover.
- However some industrial agreements, awards, workplace agreements or contracts provide for employers to continue superannuation contributions for a limited period. If you need legal assistance our LegalPlan™ membership will allow you to ask lawyers for a Fixed Fee Quote on your matter.
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