When you’re injured in the workplace, the thought of making a workers’ compensation claim can be overwhelming. You may not even be sure you’re eligible to make a claim, as workers’ compensation claims differ from person to person.
In the first of a two-part series, learn more as we debunk some common myths and misconceptions about workers’ compensation claims.
Workers’ compensation schemes in Australia
Australia has 11 main workers’ compensation schemes. There is one in each state or territory, plus three Commonwealth schemes. Each scheme is established by its own laws, which detail who is eligible to claim and all relevant processes.
Your workers’ compensation claim will be made under the scheme relevant to where your workplace injury or illness occurred.
What is workers’ compensation?
Workers’ compensation in Australia is a form of ‘safety net’ insurance, with premiums paid by employers. Australian employers must have workers’ compensation insurance to cover their workers for work-related injury or illness.
If you are injured or become ill because of your work and your claim is successful, workers’ compensation payments can include:
Medical
Rehabilitation
Retraining and education to support your return to work
Home care or domestic support
Income payments for time off work
Other associated expenses
Who is the workers’ compensation insurer?
Our clients often ask, ‘what is WorkCover?’. The workers’ compensation insurer in your state or territory is a statutory body (which means it’s established by specific legislation). Your employer pays insurance premiums to the workers’ compensation insurer to cover themselves and their employees.
Common myths about workers’ compensation claims
Let’s look at a few common myths our clients have asked about workers’ compensation claims.
Can I make a workers’ compensation claim if I was part time, full time or casual?
Eligibility to make a workers’ compensation claim depends on the laws in your state or territory. In general terms, you’re eligible to claim workers’ compensation if:
You’re a worker or deemed worker as defined by your state or territory’s workers’ compensation scheme (this can include casual, part-time and full-time workers)
Your injury or illness (or death) is related to your work
It’s a myth: that casual workers can’t make workers’ compensation claims.
Independent contractors and sole traders are generally not considered ‘workers’. Our expert workers’ compensation team can review your circumstances and advise you on your best course of action.
Can I claim workers’ compensation if the injury was my fault?
We’ve had clients wonder ‘can you claim workers’ compensation if the injury was your fault?’ The answer to this depends on the workers’ compensation scheme in your state or territory. In Queensland, for example, there are two types of workers’ compensation claims:
For statutory compensation claims, it doesn't matter who was at fault for your workplace injury or illness
For common law compensation claims, your employer’s fault or negligence must be established
Can I make a workers’ compensation claim for a motor vehicle accident?
Depending on your state or territory’s workers’ compensation laws, you can make a workers’ comp claim for motor vehicle accidents, if you’re injured in a motor vehicle accident while driving:
To or from work
As part of your work, in your regular work hours
You may even be eligible to claim if you were the at-fault driver. Our expert workers’ compensation lawyers can answer all your questions about your circumstances and eligibility to claim.
Is personal accident insurance the same as workers' compensation?
Personal accident insurance is insurance you take out yourself. It covers you for lost income if you can’t work due to injury or illness (which may or may not be work-related). Personal accident insurance isn’t the same as workers’ compensation.
Can WorkCover insurance investigators conduct surveillance?
Our clients have asked if it’s harassment / unlawful for WorkCover to conduct surveillance. Workers’ compensation insurers may place you under surveillance during your claim. They do this to make sure your claim is genuine. There are strict rules relating to:
What private investigators (working for workers’ compensation insurers) can and can’t do (e.g. they can’t take photos or video of you in a private place)
The privacy of your information
If you notice you’re being watched or feel harassed by WorkCover insurance surveillance, get in touch with our workers’ compensation experts.
Your responsibilities in making a workers’ compensation claim
Below are a few frequent questions and myths we’re asked about what your responsibilities are when making a workers’ compensation claim.
Be honest and don’t lie about what happened to cause your injury or illness
Your doctor and employer should have the same documented version of events of the workplace incident or series of events that caused your injury or illness.
If I lodge a claim does that mean I can’t / have to stop working?
It’s a myth that you must stop working if you lodge a workers’ compensation claim.
If I make a workers’ compensation claim no one will ever employ me
This is a concern we’ve heard many times. Your workers’ compensation claim history does not have to be disclosed to future employers.
Do I need to tell Workcover I'm returning to work, even if I'm just volunteering or helping a friend?
It’s a myth that ‘I don’t have to tell WorkCover if I’m returning to paid employment or volunteering.’
It’s important to disclose any income you’re receiving and/or volunteering work to your workers’ compensation authority. This is the case even for small amounts or cash jobs to help friends or family. Failure to disclose this information can have serious repercussions, including the potential for criminal charges.
Do I need to disclose all sources of income to WorkCover even if it’s just a hobby?
It’s important to disclose all sources of income to the workers’ compensation insurer even if you consider something a hobby (such as selling goods on Ebay or Marketplace).
Time limits and workers’ compensation
Strict time limits apply for making workers’ compensation claims in Australia. We’ve heard our clients ask, ‘should I wait a bit longer and see if I get better’ and the answer is no. Australian workers’ compensation time limits include:
6 months from the date of injury or illness in Queensland, NSW, South Australia, Tasmania, and the Northern Territory
12 months from the date of injury or illness in Western Australia
3 years from the date of injury or illness in the Australian Capital Territory
As soon as practicable after the injury or illness in Victoria (but 6 months to make a claim for treatment and associated expenses)
To ensure you make your workers’ compensation claim in time – or to seek advice if you’re outside the time limit – we recommend contacting Shine Lawyers’ experienced workers' compensation lawyers. The clock is ticking as soon as you are injured or become ill because of your work.
Will workers’ compensation cover me for future losses?
We sometimes hear ‘I am already on workers’ comp so why do I need to bring a common law claim?’
Depending on the workers’ compensation laws in your state or territory, a common law claim (or ‘work injury damages’ claim) for workers’ compensation may cover you for:
Past and future economic loss of earnings
Non-economic loss
Pain and suffering
Each state and territory has different laws relevant to common law claims, including whether you must first make a statutory claim. To make a common law claim, your employer must be at fault for your workplace injury or illness.
It’s important to seek legal advice as soon as possible about your situation, so you can maximise your eligibility for compensation.
How Shine Lawyers can help with your workers’ compensation claim
If you think you may have a workers’ compensation claim or need advice on an existing claim, contact our workers’ compensation experts. You can see if you’re eligible for workers’ compensation by using our free workers’ compensation claim checker. A workers’ compensation claim could help you to protect what matters for you and your family.
Learn more about common workers’ compensation myths in Part 2.
