The Worker’s Compensation Act provides that a worker who has received an injury in the course of their employment will receive compensation from the worker’s employer. This also includes dependents in the case of a death of a worker.
Expert Workers Compensation Lawyers
The lawyers at Law Advice Compensation Lawyers specialise in workers compensation claims. In fact, compensation law is all that we do. Our lawyers are approved as Legal Service Providers of the Workers Compensation Independent Review Office (WIRO). This means that we are able to obtain a grant to pay the whole of your legal costs so you are not out of pocket for any legal costs.
What is meant by “Injury”?
Injury means a personal injury arising out of or in the course of employment.
What is meant by “In the Course of Employment”?
This means that your employment must be a ‘substantial contributing factor’ to your injury. This is a medical test and is quite often disputed by the insurer based on an independent medical examination arranged by the insurer. If this happens in your claim you need to see a lawyer as soon as possible to get advice and challenge this decision.
What if My Injury was not at my Normal Place of Work?
As long as the injury occurred in the course of your employment you are entitled to compensation whether or not the injury was received at or away from your normal place of employment.
Disease Injuries and Compensation
Injuries also include ‘disease injuries’ which means:
- A disease that is contracted by a worker in the course of employment but only if the employment was the ‘main contributing factor’ to contracting the disease; and
- The aggravation, acceleration, exacerbation or deterioration in the course of your employment of any disease, but only if the employment was the main contributing factor to the aggravation, acceleration, exacerbation or deterioration of the disease.
Common examples of diseases are:
- back and spinal injuries caused due to lengthy periods of heavy manual labour;
- shoulder injuries caused by lengthy periods of heavy manual labour and overuse; and
- psychological injuries caused by bullying and harassment over a period of time.
This is also a medical test and is quite often disputed by the insurer based on an independent medical examination they arrange. If this happens in your claim you need to see a lawyer as soon as possible to get advice and challenge this decision.
Heart Attack or Stroke Injury
In the case of an injury that consists of, is caused by, results in or is associated with a heart attack or stroke injury, unless the nature of the employment gave rise to a significantly greater risk of the worker suffering the injury that had the worker not been employed in employment of that nature, no compensation is payable as a result of such injury. As this is a very complex area of the worker’s compensation scheme, if you have sustained a heart attacks or stroke injury associated with your employment then you should seek advice from a lawyer as a matter of urgency.
The above information is general information only. For a free consultation and specific advice regarding your claim from one of our experts please contact us on Free Call 1800 122 555 or complete our Free Advice Form.