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 second of a two-part series, learn more as we debunk some common myths and misconceptions about workers’ compensation claims.
Workers’ compensation schemes in Australia
As we talked about in Part 1, Australia has 11 main workers’ compensation schemes. There is one in each state or territory, plus three Commonwealth schemes. Each scheme has its own laws and regulations.
Your workers’ compensation claim will be made under the scheme relevant to where your workplace injury or illness occurred.
What is workers’ compensation?
Australian employers must have workers’ compensation insurance as a ‘safety net’ to cover their workers for work-related injury or illness.
If you are injured or become ill because of your work, a successful workers’ compensation claim could include:
Medical costs
Rehabilitation expenses
Retraining and education to support your return to work
Home care or domestic support
Income payments for time off work
Other associated expenses
Workers’ compensation myths about your employer
Let’s look at a few common workers’ compensation myths our clients have asked about their employer.
Can employers check your workers' compensation history in Australia?
Employers can ask about your previous workers’ compensation history, but:
You don’t have to disclose previous workers’ compensation claims
An employer can’t refuse to hire you because you’ve made a workers’ compensation claim
Employers have a duty to maintain their employees’ confidentiality (including personal information such as any workers’ compensation history)
You don't need to sign an authority for an employer to access your past employment records
Depending on the laws in your state or territory, if requested in writing by your employer, you do have to disclose any pre-existing injury or medical condition that could:
Impact your work performance
Be aggravated by your required work duties
Can I still receive my weekly workers’ compensation payments while on maternity leave?
You can take unpaid maternity leave while receiving weekly workers’ compensation payments. If this is your situation, or you’re wondering about paid maternity or parental leave, our experienced workers’ compensation team can advise you.
Can I lose my job if I make a workers’ compensation claim against my employer?
It’s a myth that reporting an injury will get you fired or that you can only claim for physical injuries. Most of Australia’s workers’ compensation schemes will prohibit your employer from terminating your employment if you’re absent on workers’ compensation (until after a specified time has passed).
If you’re injured or become ill at work:
You must report the injury or illness to your employer
It’s advisable to seek expert legal advice as soon as possible, as strict time limits apply for making a claim
Our experienced team can assist if you’ve been unfairly dismissed from work due to a workplace injury or illness.
Will my employer get in trouble if I submit a claim?
Your employer won’t get in trouble if you submit a workers’ compensation claim. Your employer’s workers’ compensation policy provides them with coverage if an employee suffers a work-related injury or illness.
Will the money come out of my boss’ pocket if I submit a claim?
It’s a myth that workers’ compensation payments come out of your boss’ own pocket. Workers' compensation will be paid by the state scheme that your employer has paid their insurance to.
Workers’ compensation and medical panels
It’s a myth that you shouldn’t admit to ever having any medical problems because that will rule you out of any claim. As detailed above, it’s important to be honest throughout the workers’ compensation process. Your doctor can review your existing medical history independently of your workplace injury or illness.
Do I need to attend my employer’s doctor, or can I choose my own?
You have the right to choose your own doctor for treatment of your workplace injury or illness.
Medical assessment panel
If you’ve made a workers’ compensation claim, you may be required to attend a consultation with members of a medical panel. Read more about what that means here.
Review of workers’ compensation decisions
Our clients often wonder ‘can my workers’ compensation claim be independently reviewed? Each Australian workers’ compensation scheme has its own requirements about review of the insurer’s decision, however there are important time limits that apply to lodging a review. Contact Shine Lawyers for advice on a review of your workers’ compensation decision (particularly if your claim has been rejected).
Time limits and workers’ compensation
It’s worth repeating our information from Part 1 about time limits and workers’ compensation claims. The clock is ticking as soon as you are injured or become ill because of your work, so please don’t wait too long to make a workers’ compensation claim, hoping you’ll get better.
Strict time limits apply for making workers’ compensation claims under each Australian workers’ compensation scheme. It's a myth that ‘I should wait a bit longer and see if I get better.’ Australian workers’ compensation time limits include:
6 months from the date of injury or illness in Queensland, New South Wales, 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're inside your relevant workers’ compensation time limit – or to seek advice if you’re outside the time limit – contact Shine Lawyers’ experienced workers' compensation lawyers.
Can I have a TPD claim running at the same time as a workers’ compensation claim?
Common myths about total permanent disability (TPD), superannuation and workers’ compensation include:
You can’t run a TPD claim at the same time as your workers’ compensation claim
If you’re on workers’ compensation you’re not entitled to superannuation payments
If I get a lump sum payment my medical expenses will stop
If you’re entitled to a lump sum payment for your injury or illness, you likely have what’s called whole person impairment. The definition, percentage values and medical assessment for whole person impairment differs between workers’ compensation schemes.
Independent legal advice about your weekly compensation payment or lump sum options is important, to ensure you maximise your entitlement for injury payments.
What is a Notice of Assessment?
Depending on your state or territory's workers’ compensation scheme, you may receive a Notice of Assessment if your injury stabilises. A Notice of Assessment may include a lump sum offer.
It’s important that you don’t accept a Notice of Assessment lump sum offer without first seeking legal advice. Accepting the lump sum could mean you can’t later claim common law damages for your injury.
How Shine Lawyers can help with your workers’ compensation claim
If you think you may have a workers’ compensation claim or need advice on a claim you’ve already made, 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 1.
