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Workplace injuries can happen in any industry and at any time. Whether your injury occurred suddenly or developed over time, you may be entitled to workers compensation benefits to support your recovery and financial stability.

What is a workplace injury?
A workplace injury includes any physical or psychological injury that arises out of, or in the course of, your employment.

This can include:

• Injuries from accidents (e.g. falls, machinery incidents)
• Repetitive strain or overuse injuries
• Psychological injuries from bullying, or workplace trauma
• Aggravation of a pre-existing condition due to work duties

What can you claim?

Depending on your circumstances, you may be entitled to:

• Weekly payments for lost income
• Payment of medical and treatment expenses
• Rehabilitation and return-to-work support
• Lump sum compensation for permanent impairment
• In some cases, a common law damages claim

What should you do after an injury?

To protect your entitlement, it is important to:

• Report the injury to your employer as soon as possible
• Seek medical treatment and ensure the injury is documented
• Obtain a certificate of capacity from your doctor
• Lodge a workers compensation claim

Delays can impact your ability to access benefits, so early action is important.

Do you have to prove fault?

Workers compensation is generally a no-fault system, meaning you do not need to prove your employer was at fault to receive benefits. However, fault may become relevant if you pursue a common law claim in negligence.

Are there time limits?

Strict time limits apply to workplace injury claims, common law claims. These timeframes vary depending on the type of claim and your circumstances.

How we can help

Navigating a workplace injury claim can be complex, particularly where there are disputes about liability, work capacity, or the extent of your injury. We assist clients in securing their entitlements and ensuring they receive the support they need throughout the claims process.

This article was published on 29 May by Carroll & O’Dea Lawyers and is based on the relevant state of the law (legislation, regulations and case law) at that date for the jurisdiction in which it is published. Please note this article does not constitute legal advice. If you ever need legal advice or want to discuss a legal problem, please contact us to see if we can help. You can reach us on 1800 059 278 or via the Contact us page on our website. (www.codea.com.au). If you or a loved one has been injured, use our Personal injury Claim Check now.