If you have been injured at work, or suffered a disease or condition caused by your work, you may be eligible to make a claim for workers compensation. If your injury or illness is a result of the negligence of your employer or someone else associated with your job you may have extra rights.
Every Australian state has its own laws about workers compensation and there is additional legislation for people who work for the commonwealth government called Comcare. Comare also covers ACT Public Servants and some large companies. Blumers does not accept Comcare claims as Comcare is a totally different system. If you have a Comcare claim we may be able to help you find a solicitor that does practice in this area.
The ACT has a workers compensation system for all workers who are injured at work that provides the bare basics in a limited way: your time off work, some treatment, some retraining (if you can’t go back to your old job because of your injury or illness). A small lump sum may be available if you meet certain criteria.
The law in the ACT is that the insurer pays your legal expenses for your workers compensation claim so you get the benefit of whatever you are entitled to claim. It is possible to settle or “commute” your workers compensation claim into a lump sum, but the law says this can only occur after you have received independent legal advice.
Some injured workers have rights to make a claim for negligence (called a ‘common law’ claim) in additional to the claim made for entitlements under the ACT workers compensation law (called a ‘statutory’ claim). You are not required to choose which claim you want to pursue and we will advise you of your best option. A negligence claim can be worth significantly more however, these sorts of claims only succeed where it can be proven that your injury occurred as a result of the negligent, actions or inactions of your employer or someone associated with your employment (like a principal site contractor or employment agency). We will advise you as to whether or not it is likely that you have a common law claim.
Claims relating to work accidents are subject to different time limits depending on where the injury occurred, where the employment was based and the kind of claim being made. You should get specialist advice as soon as possible.