Compensation laws are part of most legal systems established to reimburse estimated expenses to people who were injured, inflicted damage or who suffered any losses. They warrant proper care if necessary, along with medical services and money.
You have a right to compensation as a citizen of your state, but you also have a right to compensation as a worker. That’s why it’s good to know what worker’s compensation law is, when you can sue for compensation, and what a compensation case is?
What is Workers Compensation?
It’s a system that gives employees injured at work the right to get paid for any lost wage, medical and rehabilitation costs, and to get rehabilitated into work. The employee is void of all negligence or fault.
However, for you to be void of all negligence and fault, you need to give up your right to sue your employer for the damages. So, you’re not at fault, but you can’t sue either, and you get compensated.
Worker’s compensation is a form of insurance mandatory in all states of Australia. Nevertheless, if you’re a contractor, you probably aren’t covered, and you might need to get another form of insurance.
Compensation Laws Key Points
Apart from the “no fault” policy, there are other key factors to compensation laws in Australia, and they are shared by all the Australian states. These include:
Third-party fault: As an employee, you have the right to sue any third party whose negligence resulted in the accident. You may not sue the employer, but you can sue someone that “helped” the accident occur.
It’s law: All employees that have the right to compensation from the state are defined by law. So, you have the law on your side unless you’re an independent contractor.
Accidental injury: There’s no compensation if the injury is self-inflicted or if it happens while an employee is under the influence. The benefits go to employees that suffer a job accident.
State administration: A state agency is responsible for the system, and it makes sure that employees and employers are covered. However, in some states workers’ compensation is purely voluntary.
Even though it’s almost a foolproof system for both employers and employees, it’s still vulnerable to exploitation. That’s why rather than proving the employer’s negligence or fault, you only need to prove that an accident happened at the workplace.
Before Making a Compensation Claim
You should know that you have the right to change your lawyer at any point, and there are deadlines for filing claims. Also, there are firms that offer free consultations and “no win, no fee” deals. It’s also good to read the employers guide to get ahead.
Right to change your lawyer
If you feel uncomfortable or you’re not satisfied with your lawyer, you can ask the firm or another lawyer to take your case. It’s your right as a worker, a citizen, and a client. It’s also important for you to understand that you can do this whenever.
There’s no penalty for changing your lawyer, and there are no extra charges. Also, when you change the lawyer, it doesn’t affect your claim. This means that you don’t have to go back to the initial steps, the case continues where it left off.
Workers’ Compensation Claims Time Limit
Different states have different compensation laws, and different claim types have different deadlines. Depending on the claim type, the time limit is different, some can have a rather small-time limit such as 14 days.
If you don’t file a claim within 14 days, then it won’t stand. Some claims can have a time limit as much as 3 years. That’s why it’s best to use a free consultation that many reputable law firms offer. Get an expert’s opinion.
Free-of-charge advice is a great thing that many lawyers offer. It’s important because the lawyer listens to the details about your case. These details include:
Where, how, and when the incident happened?
Was any medical treatment necessary?
If it was, when did you get it?
Was a third party involved?
Other damages you might have suffered.
If you remember any specific details, it’s best to communicate with them during the free consultations. It’s more or less the same as with personal injury claims.
Returning to work is the most important thing for an employee. Imagine suffering an injury and remaining jobless. That’s why occupational rehabilitation is a key point of compensation laws in most if not all states.
It’s mandatory for your employer to provide various opportunities for you to get back to work through training, using special equipment if necessary, and other modifications to the workplace which you might be entitled to.
No win no fee
This is a phrase that’s thrown around a lot, and it’s not in vain. Companies that have a reputation to uphold, implement this kind of policy for most compensation claims, depending on the type. So, if we don’t win your case, we charge no fee.
However, losing these cases rarely happens as there’s nobody at fault. The lawyer only needs to prove that the injury occurred at work whether it’s physical or psychological. Although, psychological injuries are a whole other story.
Psychological Injury Claims
Although psychological injury claims are quite often not accepted, they can progress if compensation lawyers prove that it happened in the workplace. Lawyers need to prove that this occurred during the time of employment.
It’s very important to contact your lawyer on time so that they can consult with you on what your next steps are. Because psychological claims are tricky, workers need to act fast. Utilize the free assessment and make sure that you file the claim on time.
Author Bio: Gabriel Hill is an Australian blogger interested in several spheres from home improvement and management to environment and law.
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