Work injuries
You’ve been injured at work.
What now?
Overview
If you’ve been injured at work, we will assist you to seek compensation while being mindful of your employment arrangements.
We understand that an injury at work can complicate your relationship with your employer. It may be that you are worried that you will lose your job. Maybe your boss or workmates have started treating you differently. Your income might have stopped, or your sick leave has run out. We can help you work through this, and seek an outcome that best fits your individual circumstances.
We will confidentially work with you to protect your rights and, when the time is right, pursue the best possible result for you. We will arrange appointments to fit in with your schedule, including after hours and weekends.
Play video Managing Principal, Michel Margalit on what you need to know about work related injuries.
The first steps
1. Submit your WorkCover Claim Form
Give your employer a WorkCover claim form as soon as possible. The claim form needs to be accompanied by a Certificate of Capacity. Your GP can assist you with both of these documents. Margalit Injury Lawyers can also support you in completing this form and through this process.
2. Choose your GP carefully
Make sure you are happy with the medical treatment you are receiving. The support of your doctor will be vital in maximizing the compensation you receive.
Sometimes your employer will ask that you attend their preferred medical clinic for treatment. You are entitled to choose the doctor you prefer, and it is not mandatory for you to attend your employers’ doctor for treatment.
3. Avoid Facebook and social media
Your employer or WorkCover insurer may be scanning your social media accounts to find photos or information that damages your claim. Be mindful of this.
4. Don’t wait
Time limits apply to all cases, so call us today for free same day advice. We recommend that you contact our lawyers immediately to protect your case.
5. Focus on your recovery
Nothing is more important than your health. You focus on your recovery, and we will take care of your claim.
What type of compensation is available
Many people are unaware that, in the WorkCover scheme, it’s possible to obtain compensation even where you were at fault.
There are generally four types of compensation that you can seek:
1. Medical and related expenses
You may be entitled to payment of expenses including surgery, counselling, physiotherapy, home help, gardening and medication.
2. Weekly payments
If your ability to work has been affected, a substantial portion of your wage may be paid by your employer or the insurer. It is not uncommon for a request for weekly payments to be unfairly denied after an injury, so we recommend that you contact our lawyers for assistance in receiving these payments.
3. Impairment benefit
This is a lump sum payment that you can receive even if you were at fault. The amount you receive depends on the severity of your injury. Even minor injuries can result in a lump sum payment.
4. Common law claim for negligence
If you have suffered a serious injury that was caused by the fault of another, you may receive a substantial lump sum payment. That payment may include compensation for your pain and loss of enjoyment of life. It is also possible to obtain compensation for loss of past and future wages. These claims often result in six figure sums.
Enquiry
If you have a general enquiry or you are interested in discussing a claim, please complete the below enquiry form and we’ll get back to you.