What is Workers Compensation?
If you are injured while at work, or whilst on your journey to or from work and the incident does not involve motor vehicles, you may be able to make a claim.
If you are injured on your journey to or from work, and the incident involves a motor vehicle accident, you are not entitled to make a claim under the Work Health Act. You may still be entitled to compensation and benefits; however these are only available under the Motor Accidents Compensation Act.
When Can I Claim?
If you sustain an injury which you believe is a work related injury, you must advise your employer as soon as possible. You can do this either in writing or verbally. There are time limits in place, you only have up to 6 months to lodge your workers compensation claim for injury or disease from when you first became aware of the injury or disease. It is possible to lodge a compensation claim after the 6 month period, however you will need to provide reasons as to why the claim was not lodged within the time period and each claim is considered individually.
How do I claim?
Advise your employer as soon as possible and lodge your workers compensation claim within the 6 month period.
After you have lodged this claim, you may be entitled to –
- Reasonable medical expenses
- Reasonable rehabilitation expenses
- Reasonable pharmaceutical benefits
- Reasonable traveling expenses which were incurred whilst traveling to attend treatment of hospitalization.
- Loss of earnings
- Lump Sum Payment
Under the Northern Territory’s Work Health Act, if you sustain a work related injury and are then left with a permanent impairment, you may be entitled to a lump sum NT compensation claim payout for this permanent impairment. If you believe your injury to be permanent, you will then be assessed for percentage impairment by a medical professional.
Presently there are no common law (negligence) claims in the Northern Territory for ‘workers’ who are injured as a result of employer’s negligence. However there can sometimes be a ‘commutation’ under the Work Health Act which is a further lump sum if:
- The medical condition is stable
- The rehabilitation program is completed
- You are only partially fit for work (if totally unfit for employment commutation can not apply)
- You have received financial advice on how to manage the lump sum
If you are an ‘independent contractor’ and not an employee a common law claim may be possible, this is a legal issue and Claim Lawyers should be consulted for advice in this respect.
Nothing in this website should be construed as legal advice and is simply general introductory information. Please contact Claim Lawyers for advice specific to your circumstances.