There are two different types of claims for Worker’s Compensation. They are known as statutory claims and common law claims. Statutory claims are no-fault claims and in Queensland, you must file your claim first as statutory. Here is a closer look at both of these different types of claims.
Workers’ Compensation – Statutory Claims
Compensation is paid with a statutory claim regardless of who is at fault for the incident that caused the injury. The payments and benefits provided are known as statutory compensation and may include the following:
- Income replacement in weekly payments
- A lump sum payment if the injury results in a permanent impairment
- Medical expenses and hospital costs
Workers’ Compensation – Common Law Claims
When a worker decides to sue their employer for negligence, it becomes a common law claim. For a common law claim to proceed, it must first be filed as a statutory claim. It then has to be accepted by WorkCover Queensland or a relevant insurance source. An assessment of injury must be issued by either WorkCover Queensland or the insurer before the common law claim can continue. Compensation, known as common law damages, are decided by the court and may include:
- Funds to cover economic loss
- Damages for pain and suffering
- Coverage for legal costs
- Payments for medical and hospital bills
Filing A Claim for Workers’ Compensation
If you feel you have grounds to file a Workers’ Compensation claim, there is a procedure you must follow. It is far from complicated but includes a series of steps to gather sufficient information to support such a claim. Here is a closer look at those steps.
Step 1 – Notify Your Employer
As soon as possible, the employer should be notified about the work-related injury or illness.
Step 2 – Seek Medical Advice
Visit a doctor. The medical professional can assess the injury or illness. It is from this assessment that leads to a treatment plan for recovery. The doctor will also issue either a medical certificate or a work capacity certificate, depending on the extent of the injury and if time away from work is required to assist with recovery.
Step 3 – Complete the Claim Form
Fill out a Workers’ Compensation claim form.
Step 4 – Secondary Medical Opinion
The employer or insurer may request another doctor appointment to collect more information on the work-related injury or illness and treatment plans.
Step 5 – Payment Received
When compensation is awarded, it will normally go directly to the employer who then passes it on to the worker.
Workers’ Compensation Schemes
In Australia, there are a total of 11 different Workers’ Compensation schemes. Three of them are specifically for workers employed by the Commonwealth Government with the other eight designated for workers in each state and territory in the country.
Commonwealth Government Schemes
Comcare
This scheme is for agencies and statutory authorities of the Commonwealth Government, ACT Government and agencies, and corporations with licenses to self-insure.
Seacare
This is for seafarers who are injured while employed at sea.
Department of Veterans Affairs
This covers current or former Australian Defence Force members (who began service on or after July 1, 2004).
State and Territory Schemes
NTWorkSafe, ReturnToWorkSA, SafeWork NSW, WorkSafe ACT, WorkCover Queensland, Worksafe Tasmania, WorkCover WA, and Worksafe Victoria.
Workers injured on the job have the right to compensation and Workers’ Compensation is in place for this purpose. It is insurance paid for by employers to ensure that their workers are properly taken care of should an accident occur on the job that results in an injury or the development of an illness. For more information about how a specific workers’ compensation scheme operates, contact the provider or ask your employer.
Think You Have A Claim For Workers’ Compensation?
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Conclusion
Workers’ Compensation is a form of insurance coverage carried by employers. It provides various forms of coverage, typically financial assistance, to employees who suffer an injury or illness while on the job. The process to file a claim is simple but requires specific steps to bring together data that can support a claim. There are two different types of claims, which must meet certain requirements before settlement.