The question as to how much I will get comes up quite often. Workers compensation claims can be broken down into two different categories. Statutory benefits (weekly payments and medical bills) and common law (damages).

Statutory benefits

If you have an accepted workers compensation claim, you may be entitled to receive weekly payments and also medical expenses related to your injury. Each state operate slightly different, however for the most part, you will be entitled to receive 95% of your pre-injury average weekly earnings (PIAWE) for a period of time, inclusive of any overtime and allowances). You may also be entitled to incidental expenses as a result of your injury such as travel and parking at medical appointments, assistance with household duties and collection of firewood. Expenses such as medication related to secondary conditions such as psychiatric conditions and weight gain can also be covered under your claim. If you are unable to return to your role due to your injury then re-training costs can be covered, however be aware that the amount paid for these re-training is generally not enough to complete full courses.

Whole Person Impairment

A whole person impairment (WPI) also known as permanent impairment (PI) is a one off payment that is assessed by a Dr or Dr’s to get a % that you will be permanently impaired. Depending on what the total impairment % is will depend on what the amount of payout will be. This could range from hearing loss right through to amputation.

Common Law

Common Law (damages, suing for negligence) is not available in all states, however where it is available is determined based on a number of factors including age, injury type, proven negligence on your employers part and a whole range of other factors. This payment is typically decided in court and can take several years until it is finalised (often with mutliple parties involved such as your employer, host sites, third parties etc). These third parties will often have their own lawyers, as well as a Workcover lawyer arguing who is to blame for your injury.

At the end of the lengthy and costly experience, there can be significant payouts to inured workers under common law. However due to the complex nature of common law claims, we recommend engaging a lawyer at this point. Here at Workcover Wise we deal with lawyers in all states and can provide support in choosing the right lawyer for your needs.