Workers Compensation

What kind of injuries can I claim for?

If you suffer an injury at work, it’s likely you can claim under the territory or federal workers compensation scheme, depending on your specific employment circumstances. The scheme operating in the Northern Territory is NTWorkSafe and the federal scheme is Comcare.

Generally, workers’ compensation schemes will compensate for:

• physical injury;
• psychiatric injury;
• diseases, such as asbestosis or black lung; and
• hearing loss.

A pre-existing injury does not necessarily prevent you from claiming compensation in circumstances where employment has aggravated that injury or condition.

If your injury prevents you from returning to work or returning to your usual occupation, you may also be entitled to payments through your super insurance which are separate to any compensation you receive from NTWorkSafe or Comcare.

Our experienced personal injury lawyers can advise you on all your rights and entitlements.

How do I know if I have a claim?

If you suffer an injury at work, it’s likely you can claim under the territory or federal workers compensation scheme, depending on your specific employment circumstances. The various state or federal schemes have their own rules and regulations and take into account such things as how, when and where you sustained your injury.

Do I really need a lawyer if NT WorkSafe or Comcare manage the process?

While many workers’ compensation claims are fairly straight forward and resolve in a matter of a few weeks, if your claim isn’t straight forward or there is some dispute about your claim, then legal advice will help you understand the claims process and your rights and options going forward.

You may also be entitled to lump sum compensation and we would recommend you seek experienced legal advice and assistance in relation to this component of any claim.

Getting the right advice early will give you peace of mind and ensure that you get what you are entitled to as soon as possible.

What can I claim for?

If you have an accepted workers’ compensation claim, you will be entitled to recover lost wages while you are incapacitated for work. You will also be entitled to payment of your reasonable medical, treatment and rehabilitation expenses, pharmaceuticals and your reasonable travel costs.

Depending on your circumstances you may also be entitled to claim compensation that will be calculated to cover:

• loss of earning capacity;
• ongoing and future hospital and medical expenses (including surgical costs);
• ongoing or future anticipated rehabilitation and treatment expenses;
• out of pocket expenses for items such as pharmaceutical, travel and equipment;
• paid care and help, for example yard maintenance or nursing; and
• home and vehicle modifications.

Every individual has a different injury, different circumstances and different entitlements. Your best course of action is speaking to Hall Payne about what compensation is right for you.

When should I make a claim?

Strict time limits apply and your entitlement to compensation may be lost if you claim late.

Hall Payne knows that when you can’t work due to injury, it is a very challenging time. Financial stress can make the situation overwhelming. The sooner a claim is accepted, the sooner you’ll receive compensation.

How long will my claim take?

The sooner your claim is finalised, the sooner you can move on with your life. That said, a properly prepared and managed claim can’t be rushed.

Once you lodge your claim through NTWorkSafe, your employer or their insurance company has 10 business days to either accept, reject or defer your claim. If your claim is accepted, its duration will largely depend on the nature and extent of your injuries and your recovery. Your claim should not close until you have received appropriate treatment and rehabilitation and your injury has been determined as stable and stationary.

If your claim is rejected or accepted but later cancelled or reduced before you believe it should have, under most workers’ compensation schemes you have the right to have this decision reviewed. Time frames apply so it is important to ensure you obtain advice as soon as you have received the decision to reject or cease your claim.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

What if my claim has been rejected?

Not every claim for workplace injury is accepted. This can be due to any number of reasons.

If your claim is rejected then you should immediately seek legal advice from a specialist compensation lawyer to see if the decision can be overturned. Under most workers’ compensation schemes, you have the right to have a decision to reject your claim reviewed.

Strict time limits apply to seeking to overturn a decision to reject a claim, so it is important to obtain accurate legal advice as soon as possible.

Failing to take steps within the various time limits may result in you losing your ability to continue to pursue your workers’ compensation entitlements.

Contact us for a free initial consultation with one of our expert workers’ compensation lawyers to discuss your claim circumstances.

How much will it cost me to make a claim?

Hall Payne will provide you with a free initial consultation to discuss your injury and the circumstances around it. We will provide an estimate of legal costs and the likely time frames that will apply to your claim.

If we consider you have reasonable prospects of success, we will act for you on a ‘no win, no fee’ basis.