How Long Can You Stay On Workers Compensation In Australia?
Each state and territory has it’s own governing body which looks after the workers compensation legislation for making and accepting a workers compensation claim. There is also a Federal Workers' Compensation scheme that applies to some workers. In Queensland, if you need to make a workers' compensation claim you will generally deal with WorkCover Queensland. Alternatively, your employer may be self-insured.
There are strict timeframes and steps you must follow to ensure that a claim for your work related injury is accepted and you are awarded the compensation you need to get back on your feet again, ultimately getting back to work as soon as you are well enough to do so.
Workers' compensation claims have strict time limits for when you have to make a viable claim. You must make your statutory claim within six months of the date you sustained your work related injuries, incident or illness or when your doctor first links your injuries to your work. However, if you miss this six month time frame you may still be entitled to a Common Law claim as long as to take the necessary steps within 3 years. If these timeframes are nearing and you haven’t yet made a claim, it is best to get in touch with our team of experienced workers' compensation lawyers to discuss your options and viability of a claim.
Talk with an experienced workers comp lawyer to learn more.
How long your workers' compensation benefits lasts, depends on the severity of your injury and your recovery. However, there are some limits that apply to all claims in Queensland. Under the Workers' Compensation and Rehabilitation Act 2003, payments can last up to and including five years.
Your weekly payments from WorkCover will stop for the following reasons:
The weekly compensation payable, under the Workers' Compensation and Rehabilitation Act 2003, for injuries sustained after 1 January 2008 is as follows:
-85% of the worker’s normal weekly earnings for the first 26 weeks, and then
- 75% of the worker’s normal weekly earnings between 26 weeks and five years.
If unfit for work after two years, any ongoing weekly compensation will depend on the likely degree of impairment.
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- Any medical items that are needed as you recover, like dressings and medicines
- Hire of equipment like crutches and wheelchairs
- Return to work services that support your recovery
- Travel expenses related to your treatment.
Other treatment, rehabilitation or costs related to your claim which may be funded include:
- Travel to: (travel and other costs must be considered ‘necessary and reasonable’ and be pre-approved by WorkCover.)
-Medical and rehabilitation treatment
- Medical Assessment Tribunal appointments
- Independent medical examination appointments.
- Parking
- Chemist costs, such as medication.
You should note that there are limits to what you can claim.
- You go back to work and cleared for normal duties
- You are assessed for permanent impairment and receive a lump-sum offer
- You have received weekly payments for five years
- Your total weekly compensation reaches the maximum amount payable.
If however, after all treatment and rehabilitation options have been exhausted and you are no longer able to work, WorkCover Queensland or the self-insurer will issue you a Notice of Assessment. The Notice sets out your work injuries and will record a percentage impairment for each injury. The Notice will also allocate a value against your impairment, this is what is used to calculate your Statutory Lump Sum Offer. You may receive a Notice of Assessment for your physical injuries and one for your psychological injuries.
If your total impairment for a Notice of Assessment is equal to or more than 20%, then you may elect to accept the Statutory Offer contained in your Notice of Assessment (with respect to the injuries assessed as 20% or more), and you can then also bring a Common Law claim for damages for your work injuries. You can not combine the impairments for your physical and psychological injuries for the purposes of reaching this 20% threshold.
However, if your total DPI is less than 20%, then you cannot take the Statutory Offer and pursue a Common Law claim – you have to decide one way or the other, either taking the Lump Sum Offer, or pursue a Common Law Claim. If you take the Statutory Offer, then you lose any right to seek damages for your injuries from WorkCover Queensland or the self-insurer.
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