Legal Compass
Foreseeability and Workers Compensation Claims for Psychiatric Injury
Claiming common law damages (lump sum compensation in cases where there is negligence) for a workplace injury can be more difficult where the injury is a psychological one. The main difficulty with these claims is establishing a legal concept called “foreseeability”.
COVID-19 - WILL MY WORKERS’ COMPENSATION PAYMENTS CONTINUE?
If you were receiving WorkCover benefits before coronavirus, those benefits should continue. If you’re having difficulties with your ongoing benefits, you should seek advice from an experience workers compensation lawyer.
What happens if I lose a No Win No Fee case?
In most personal injury cases, if your case is not successful (is withdrawn or investigation of a potential claim is stopped), there should be no costs for you to pay under a No Win No Fee agreement.
WorkCover claims and lump sum compensation
If you’ve suffered an injury at work and lodged a WorkCover claim, you may also be entitled to a lump sum compensation payment even if no one was at fault for your injury. This is referred to as a permanent impairment claim.
WorkCover claims when it’s not clear if you were ‘working’ at the time of injury
Today’s working arrangements see people working different hours to the traditional 9 to 5 together with a significant rise in ‘remote work’ opportunities. We need to look at the impact of these modern-day practices, on rights and entitlement to workers compensation.
Independent contractors and WorkCover claims
If you’re injured outside the traditional employee/employer work arrangement, how do you know if you have an entitlement to claim WorkCover? There are 2 main questions to ask.