Workers compensation
Your place of work is meant to be safe and free from risks to your physical and psychological health. That said, many workplaces involve complex, high pressure work, and accidents do happen.
If you’ve suffered an injury or contracted an illness in the course of your employment, the consequences on your health and household finances can be severe.
Importantly, Workers Compensation legislation exists in each State and Territory to ensure injured workers receive a range of benefits to assist with their recovery. Despite this, whenever you’ve suffered an injury at work, it is important that you talk with a lawyer from BDN Lawyers. While the Workers Compensation legislation provides a range of benefits, the workers compensation insurers rarely play fair or even tell you what your entitlements actually are.
BDN Lawyers has a dedicated workers compensation team whose focus is workplace injuries that occur within the Australian Capital Territory.
FAQ's
The Workers Compensation ACT 1951 (ACT) covers both physical and psychological injuries. Physical injuries may occur as a result of manual handling, equipment failures or simply bad luck, such as tripping over. Psychological injuries may occur as a result, stressful environments, bullying or harassment.
The Workers Compensation ACT 1951 also covers journey claims, that is, injuries or accidents that occur during travel to and from work.
If you’ve been injured in the course of your employment you may be eligible to receive:
- Weekly benefits in place of lost wage
- Medical and travel expenses
- Lump sum compensation for permanent impairment
If you’re unable to work as a result of a workplace injury, you do not need to utilise your sick leave or annual leave. Rather, the workers compensation insurer is required to pay weekly benefits calculated with reference to your “pre-injury” wage.
For the first 26 weeks of incapacity, weekly benefits are paid at 100% of your pre-injury wage.
After 26 weeks of incapacity, weekly benefits are paid at 65% of your pre-injury wage.
Pre-injury wage calculations can be quite complex and it is not at all uncommon for insurers to calculate an incorrect amount (frequently a lesser amount that does not take into account overtime and other allowances).
Provided you are incapacitated from work as a result of a workplace injury, weekly benefits will be payable through to retirement age.
Exceptions to this rule apply if you’re injured within 2 years prior to retirement age, or after retirement age.
Yes, an insurer can cease your payments even if you haven’t returned to work. They can only do so however in particular circumstances.
If you receive a claim denial letter, or a notice of cessation of benefits, it is essential that you contact a lawyer at BDN Lawyers as soon as possible. Usually, your lawyer will need to file an application to dispute the insurer’s decision with the Industrial Court and this needs to be done as soon as possible to minimise the impact on your financial circumstances.
No, in ACT Workers Compensation matters, you will not need to pay our professional fees. If we’re successful with your claim, our professional fees and disbursements will be paid for by the workers compensation insurer.
BDN Lawyers offer “no win no fee” services in ACT Workers Compensation claims. This means that if your claim is unsuccessful, we will not charge you for our professional costs.
BDN Lawyers have an exceptional success rate with ACT Workers Compensation claims. The overwhelming majority of matters that we take on end up as successful claims.
Our Experts
Managing Partner (Canberra)
