Australian laws provide workers compensation to an employee who is injured at the workplace. The law also gives you workers compensation if you get ill due to conditions like asbestos exposure at the workplace. Workers’ compensation can compensate you for medical treatment and rehabilitation, lost wages depending on the details of the claim. Although the law provides compensation benefits to injured workers, the worker compensation system is complex, filled with conditions and deadlines. In this blog, you will know about 5 Things to Know about Workers Compensation Benefits.
Role of Employers
Employers are required to implement safety and take preventive measures to reduce the probability of work-related injury or illness. In the absence of occupational and safety rules, the law offers compensation benefits for injured workers. The law mandates that the employer has workers compensation insurance in place to cover compensation payments to the injured worker.
- Compensating for Permanent Impairment
If the work-related injury causes a permanent disability, it is hard to value the impairment. Workers can seek the help of an attorney to sue their employer and get adequate lump sum compensation from the employer. Lawyers mention it is a fundamental right of the injured employee to seek higher compensation for permanent impairment. The attorney can play an important role in preventing under-compensation that will cause financial difficulties to the injured worker in the future.
Australian laws have established a benefits structure that acts as guidelines for providing compensation benefits for injured workers. The benefits structure is applied Australia-wide, and the Commission believes the employer should ensure robust safety accident-prevention infrastructure at the workplace. The periodic compensation for partial incapacity is as follows.
- The injured employees are entitled to receive 95% of pre-injury earnings while they are off work. The employer must pay 95% of the pre-injury earnings for the first 26 weeks after sustaining an injury at the workplace.
- The periodic compensation is reduced to 75% for the next 18 months (starting from the 27th week). The employee’s periodic compensation is then reduced to 60% for the next three years.
- Role of Lawyers
Lawyers are required to perform several roles in worker compensation claims. They might be required to conduct common law actions or participate in the dispute resolution process in work injury claims. The attorney can act as an information source to the injured employee and represent the injured worker’s side while negotiating the worker’s compensation benefits.
The introduction of a no-fault system ensures workers from get adequate compensation for work-related injuries. Should an employer dispute a claim, an attorney can file a worker compensation claim via common law and help the injured worker get maximum compensation.
- Delays in Settlement
Delays are common in the law system. If you seek lump-sum compensation for work-related injuries, you need to contact an attorney and seek their guidance. Lawyers mention the injury must stabilise to take a proper assessment of damages suffered in the workplace accident.
Hiring an attorney can help you prevent delays in settlement/compensation that are generally caused.
- Delay in the notification of the claim.
- Delay in the definition of issues.
- Delay in initial hearing due to delay in the definition of issues.
- Delay in the settlement.
To sum up, these are things you should know about workers’ compensation benefits.