A workplace injury can affect your income, health and ability to work. Depending on your circumstances, the ACT workers compensation scheme may provide weekly income support, cover medical and treatment expenses, and assist with rehabilitation and return-to-work arrangements.
Understanding your rights can be difficult, particularly where liability is disputed, weekly payments are reduced, or an insurer questions whether your injury is connected to your employment.
Who Can Claim Workers Compensation in the ACT?
You may be entitled to workers compensation if you suffer an injury arising out of, or in the course of, your employment.
Workplace injuries can include physical injuries sustained at work, injuries that develop gradually because of work duties, as well as psychological injuries arising from bullying, harassment or workplace stress. Compensation for psychological injuries may be limited where the condition arises solely from reasonable management action, such as disciplinary processes, performance management or termination of employment.
What Compensation Can You Claim?
Depending on the nature of your injury, your capacity for work and the available medical evidence, you may be entitled to:
- weekly payments for lost income;
- medical, hospital and treatment expenses;
- rehabilitation and return-to-work support;
- travel expenses associated with treatment;
- a lump sum payment for qualifying permanent impairment.
The extent of your entitlements will depend on your individual circumstances and the evidence supporting your claim.
What Should You Do After a Workplace Injury?
Taking early steps can make a significant difference to your claim.
If you are injured at work, you should:
- report the injury to your employer as soon as possible;
- seek medical treatment and obtain appropriate medical certificates;
- lodge the required workers compensation claim forms;
- keep copies of medical records, correspondence, payslips and receipts relating to your injury.
Time limits may apply to certain claims and disputes. Delays in reporting an injury or lodging a claim may affect your ability to access benefits, particularly where liability is contested or symptoms worsen over time.
What Happens If Your Workers Compensation Claim Is Rejected?
It is not uncommon for insurers to dispute workers compensation claims.
Insurers may dispute whether an injury is work-related, whether treatment is reasonable, or whether a worker remains incapacitated. If a decision is made against you, it may be possible to challenge it with the supportive medical evidence.
Obtaining legal advice early can help you understand your rights and the options available to dispute an adverse decision.
Can You Make a Common Law Claim after a Workplace Injury?
Workers compensation benefits and common law damages are separate legal rights.
While workers compensation provides statutory benefits regardless of fault, a common law claim generally requires proof that an employer or another party was negligent and that the negligence caused your injury and resulting loss.
If your employer’s negligence contributed to your injury, you may be entitled to additional compensation, including damages for pain and suffering and past and future economic loss.
Whether a common law claim is available will depend on the specific circumstances of your case.
How Can Commins Hendriks Help?
Our personal injury team advises workers at all stages of the ACT workers compensation process, from lodging a claim through to challenging insurer decisions and pursuing common law rights where appropriate.
We regularly assist clients with disputed claims, weekly payment issues, psychological injury claims and workplace injury negligence claims.
Need advice about an ACT workers compensation claim? Contact Commins Hendriks for a confidential discussion about your rights and next steps.