How do I know if I have a claim?
The Tasmania workers compensation scheme is essentially a no-fault scheme. If you suffer an injury at the workplace, you should be compensated for it regardless of who’s fault it is. Depending on circumstances of the injury, it is important to remember that a pre-existing injury does not necessarily prevent you from claiming compensation from your current employer.
Our experienced personal injury lawyers can advise you on all your rights and entitlements.
What compensation might I be entitled to?
An injured worker is entitled to claim compensation for a workplace injury which includes payments to cover their weekly wage, associated medical benefits and other specific services depending on the nature of the injury. In certain circumstances and depending on the injury, you may also be entitled to ‘common law damages’ against the employer or a related 3rd party for negligence, or a ‘lump sum’ payment for whole person impairment.
Our expert lawyers will ensure that you recover everything you’re entitled to. Depending on the type of claim, you may be entitled to compensation for:
- loss of past and future earnings;
- past and future hospital and medical expenses (including surgical costs);
- whole person impairment as a result of the injury;
- 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.
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.
Are there time limits in Tasmania?
In Tasmania strict time limits apply to nearly all types of compensation claims. Your entitlement to compensation may be lost if you don’t make a claim in time.
When you suffer an injury at work, it is very important that you firstly give notice to your employer of your injury as soon as possible. It is best to record this notice in writing or in accordance with any workplace policies and procedures. The notice must include what your injury is, the cause of your injury and when it happened.
A worker’s compensation claim, in the case of an injury (or death), must be lodged within 6 months of the date of injury. A worker’s compensation claim form can be obtained from your employer.
Specific workers compensation medical certificates must also be obtained from your general practitioner (GP) and submitted to your employer.
If you suspect that you might be out of time to file a claim or have any queries about the above, we highly recommend you obtain legal advice about whether you have a viable claim.
Hall Payne understands that this can be a very challenging time. The sooner a claim is started and you obtain legal advice, the sooner you’ll receive compensation and some peace of mind.
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 you are entitled to compensation.
Failing to take steps within the various time limits may result in you losing your ability to continue to pursue your worker’s compensation entitlements.
Contact us for a free initial consultation with one of our expert worker’s 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.