Injured workers’ rights and workers compensation in Australia

In Australia, it is safe to say that workers are being protected with positive privileges both while at work and off work due to injuries. The legal perspective of workers compensation demonstrates that injured workers are supported while suffering severe injured and these benefits aren’t even limited with post-accident entitlements. Injured workers can make a workers compensation claim and benefit from income replacement payments both for past and future, recover medical expenses, be supported with domestic help services if necessary, get supported with medical equipment if needed and even after the injury, employers can design a work schedule available for their physical condition.

Regardless of negligence, workers in Australia can claim workers compensation if they sustain injuries and have to stay away from work. Luckily the majority of workplace injuries are minor soft tissue injuries that are recoverable in a couple of weeks or maybe months. But if you ever wonder what happens to the others, the answer is that you can ensure yourself that they are supported with their challenges.

Workers’ compensation system in Australia

All around Australia, the employers are obliged to protect their workers with workers compensation insurance; and as these workers are working on harsh conditions, it is fair to say that an uninsured workplace can face major penalties in case an accident arises. Although the majority of the work-related is non-minor injuries, the rest can be tough and leave permanent damages. Severely injured workers can be awarded lump sum compensation payout as these injuries can decrease the victim’s capacity to earn and make a huge impact on the quality of the victim’s life. However, prior to lodging the claim, the worker should have full awareness of his/her rights as from time to time, employers can reject liability -although it isn’t taken into consideration- and cause difficulties to the worker.

Can employers deny workers compensation claims?

No authority other than the court has the power to decline workers compensation claims as it is based on the no-fault scheme. Although the employers will act on goodwill, the others can try to decline the claim and ignore the worker. Among many reasons, the employers ignore the workers mostly if the workplace is uninsured. The uninsured workplace cannot block the workers to claim compensation as this is their legal rights. If a worker is ignored by the employer with a similar excuse, the worker can contact the State Insurance Regulatory Authority and seek for their rights without much of an effort. On the other hand, employers running an uninsured workplace is likely to be judged by the court. 

On rare occasions, employers can try to ignore the workers and deny the claim to prevent the premium increase. Again, employers are obliged to aid the workers by guiding them through the workers compensation claims.

Workers compensation process

The process is tiresome and needs attention as rushing from a hospital to another can be challenging and the legal terms can be confusing. However, with the assistance of professional, simplified steps can lead to a successful claim process. During the claim, the insurer might request additional documents such as doctor statements. On the other hand, if the employer is negligent, the worker can claim work injury damages which is a lot more detailed process and requires in-depth attention.

From time to time, workers sustaining minor injuries can request to progress their recoveries at work. Statistics demonstrate that those isolating themselves from daily activities, work and social life recover slower and with worsened mental states.

Once the worker is fully recovered, the employer and a workplace safety consultant and design a back-to-work schedule by discussing the needs of the worker with the worker and the case manager.