What do I get compensated for?

Damages for “pain and suffering”

As part of your damages claim you are entitled to be compensated for your “pain, suffering, and the loss of enjoyment of the amenities of life.” There is no pre-determined amount based on specific injuries. Each case is judged on its own merits and the amount you ultimately recover for “pain and suffering” will depend on your own unique circumstances. Previously decided court cases (precedents) are used as a guide in determining the amount of damages you can expect to recover.

Access to Medical Treatment and Rehabilitation

In almost all work injury claims, the WorkCover insurer will instigate and make arrangements for you to access appropriate rehabilitation. In most cases you will be seen by a medical treatment provider organised by the insurer. The WorkCover insurer will meet all costs associated with this treatment.

If because of your accident related injuries you will require ongoing medical care, such as physiotherapy, counseling, surgery, or event the continued use of pain relieving medication, the estimated cost of this can be recovered as part of your damages claim.

Payment for lost wages

Your employer is legally obligated to pay your wages for the first four days you are absent from work. After that time, the WorkCover insurer will continue to pay your wages, but at a reduced rate. The WorkCover insurer will stop paying you wages once a doctor says you are fit to return to work, whether in fact you are at that time capable of returning to work.

As part of your damages claim you can recover damages for the difference between your actual lost wages and what the WorkCover insurer paid you, plus you can also claim for any income you say you will lose in the future for the remainder of your expected working life.

Payment for Voluntary Care and Assistance

You might need help from your family or friends around the home, such as with getting dressed, or having a shower, or cooking meals, doing your laundry, or the housework, or doing the groceries. In certain cases you will be eligible to receive a one-off lump sum payment from WorkCover in recognition of the time ‘given up’ by others to provide you with help around the home. Depending upon your circumstances and the extent of the help you require, you could be eligible for a lump sum payment of upwards of $150,000.00. You can contact us to find out if you are eligible