Understand your rights under the Workcover Scheme
Trying to understand your rights under the Workcover scheme can be both daunting and confusing. Duffy & Simon has recently launched a free advice line for injured workers or dependants of workers whose work-related injury or illness has resulted in death.
If your claim for workers compensation has been accepted, you may be entitled to apply for a lump sum amount of compensation under the Accident Compensation Act 1985 (Vic). Prior to applying, your injury must have stabilised: that is the injury is not getting any better, nor is it getting any worse. Once the injury has stabilised you are within your rights to have the injury assessed and converted to a percentage figure. WorkCover will be liable to pay you an amount of lump sum compensation if you are assessed with a degree of physical impairment of 10% or more and/or a psychiatric impairment of 30% or more as the result of the one work place accident.
However, the assessment by Workcover does not always take into account the various factors that may be included in such an assessment, leading to underpayments of compensation to claimants. Duffy & Simon are able to help manage your lump sum compensation claim and ensure that your assessment is undertaken correctly and achieves a fair result.
WORK COVER: IMPAIRMENT ASSESSMENT
If you have been injured in a work-related accident, WorkCover may be liable to pay you a lump sum amount of compensation.
If you are an immediate family member or a dependant of a person that has been killed in a work-related incident, WorkCover may be liable to pay you a lump sum amount of compensation.
INJURED PARTIES: Assessing Your Lump Sum Compensation Entitlement
Once your injury or illness has stabilised, that is they are not likely to improve with any further medical treatment, you may be able to receive a monetary lump sum entitlement called an 'impairment benefit'. This payment is separate from any weekly payments and medical and like services a worker may receive.
To determine whether you are able to receive an impairment benefit, the significance of your injury has to be converted into a percentage. Each injury is given a percentage score based on the level of impairment.
The impairment assessment process can be complex and involve one or more specialist reports before your percentage impairment is determined. Assessments of impairment are conducted by doctors called Independent Impairment Assessors, who are specially trained.
WorkCover will be liable to pay you an amount of lump sum compensation if you are assessed with a degree of physical impairment of 10% or more and/or a psychiatric impairment of 30% or more as the result of the one work place accident.
Time Limits Apply
To claim your entitlement to lump sum compensation your impairment assessment must commence or WorkCover must be informed of your intention to have your impairment assessed, within a specified time. The time limits applicable to you will depend on the circumstances of your injury or illness.
BEREAVED DEPENDANTS AND FAMILY: Assessing Your Lump Sum Compensation Entitlement
Where the work-related injury or illness has resulted in death, the maximum lump sum payment for a family to be shared between eligible dependants is $511,920.
In addition, a dependant partner may receive a weekly pension:
•For the first 13 weeks after the date of death, 95% of the worker's pre-injury pay; and
•For week 14 to 3 years, 50% of the worker's pre-injury pay.
Children dependant on a deceased worker but with a supporting parent, also receive a weekly pension of 5% of a worker's pre-injury pay from 14 weeks until the child turns 16 or between 16 to 25 years if the child is a full time student or full-time apprentice.
Where orphan children are the only eligible surviving dependants they receive entitlements equivalent to those for a sole surviving partner.
Contact Our Office Today to Ensure You Do Not Miss Your Time Limits
Duffy & Simon have been representing the interests of people living in the Gippsland area for over 30 years. We are equipped, connected and ready to help ensure you get the best results and maximise your compensation payout from WorkCover.
Contact Duffy & Simon today to arrange your free no obligation interview at one of our offices conveniently located in Pakenham, Narre Warren, San Remo and Drouin. If for any reason you cannot attend our office, call to arrange for one of our experienced WorkCover lawyers to come to you.
Our "No Win – No Fee" policy ensures value for money without the hidden fees
If for any reason you cannot attend our office, call to arrange for one of our experienced WorkCover lawyers to come to you.
Free No Obligation Interview
Call our WorkCover Advice Line: (03) 5945 5215
For advice and representation without hidden fees, contact Damien McKenna to make an appointment. Or, please contact us to meet with another practitioner in this area.