Injuries at work can be devastating! When a worker suffers a physical or psychological injury, it can lead to time away from work and treatment expenses. In this article we explore what compensation may be available for workplace injuries in the private sector.

Workers compensation

If an injury or disease occurred ‘in the course of employment’ or was ‘substantially caused by the work’, the Workers Compensation Act sets out what compensation the worker should be paid. Sometimes workplace injuries occur over time or are an aggravation or exacerbation of an old or ongoing injury.

Under this law, it is not necessary to prove that the employer did something wrong; it is simply enough that the injury or disease is connected to the work.

There are some situations where compensation may not be payable, particularly in relation to psychological injuries. If such injuries arise from what is called ‘reasonable administrative action’, for example, demotion, performance appraisal, retrenchment or dismissal, compensation may not be payable. We can help investigate those situations for you.

What are the amounts payable under workers compensation?

If workers compensation is payable, a worker can be paid their normal wages during any period of incapacity and can also be reimbursed for treatment and rehabilitation costs. The income payments are reduced if the worker is still unable to work after 26 weeks. If an injury results in a permanent problem, such as loss of movement of part of the body, a small additional lump-sum compensation may be payable. We can help with the assessment of such a permanent disability.

Negligence

In some cases, the work injury is caused because the employer or a fellow employee does something wrong or fails to do something. This is called a breach of duty of care or sometimes a breach of a duty at law. If such a breach occurs, and it causes injury, the injured worker may be entitled to additional – and more substantial − compensation payments called ‘damages’.

Damages can include compensation for pain, suffering and loss of enjoyment of life, full recovery of lost income and superannuation contributions, and payment for the care or domestic help provided by family and friends. We can help you work out what damages compensation you may be entitled to.

Often it is difficult to prove that a breach of duty or law has occurred, and expert evidence might be needed to show how particular work activities should have been safely performed. We can obtain such evidence if needed.

What do you do if injured at work?

The first thing to do is to report the injury or disease to your employer as soon as you can. You should document how the injury occurred and if possible, take photos of the place where it occurred. You should make a note of any witnesses who might have seen the incident causing the injury. If your injury arose over time, it is very important you gather as much information as possible about when you started to experience symptoms, and what you were doing when those symptoms arose.

You should also see your doctor as soon as possible and provide details to them of the incident and your injury. You should also ask your boss for a workers compensation form to get the ball rolling.

How can we help?

Fortunately, the team at Snedden Hall & Gallop have extensive experience dealing with a wide range of legal disputes and can help if you are concerned about your legal rights.

Contact the team here at Snedden Hall & Gallop on 02 6285 8000 or by email.