Once an insurer accepts liability for your worker’s compensation claim, Sections 36 to 39 of the Workers Compensation Act provides that the insurer is liable to pay weekly compensation whilst you are partially or completely off work.
Your incapacity to work must result from an injury sustained in the course of your employment.
Expert Workplace Injury Lawyers
Our lawyers practice regularly in worker’s compensation matters are approved by WIRO to obtain grants of legal assistance to pay for an injured persons legal fees and medical reports. This includes disputes involving weekly compensation. As such, you can be confident that you will receive advice from a lawyer that has an in depth understanding of the worker’s compensation legislation.
How much Am I Entitled to Claim?
There are specific provisions which govern whether you are entitled to weekly compensation, and if so, the amount you are entitled to. These include:
The current maximum for weekly compensation is $2,395.30.
The formula and basis to work out your rate of weekly compensation (which is based on your pre-injury average weekly earnings “PIAWE”)
- You are usually entitled to 95% of your PIAWE in the first entitlement period (13 weeks)
- You are usually entitled to 80% of your PIAWE in the second entitlement period (14 weeks – 2.5 years)
- Section 38 provides a complicated definition as to who is entitled to weekly compensation after 2.5 years and up to 5 years (it is best to seek legal advice if this applies to you).
- Section 39 provides that weekly compensation will cease for most injured workers after 5 years, except those who are assessed greater than 20% whole person impairment, who are still subjected to the complicated definition in Section 38.
What Can I Do If the Insurer Denies My Weekly Compensation Claim?
It is common for an insurer to either deny a claim entirely where weekly compensation should be paid, or in claim which has been accepted, decline weekly compensation for a specific reason. Usually this decision by the insurer will be based on an Independent Medical Examination arranged by an insurer.
In such circumstances, you will require the assistance of a lawyer to dispute the decision of the insurer and to have your weekly compensation rights reinstated. If you do not dispute this decision, the insurer will never be liable to pay for any weekly compensation now or into the future (even if your injuries deteriorate and you need surgery).
To dispute the insurer’s decision, we are able to seek a grant of assistance from WIRO (Workers Compensation Independent Review Office) who will in most circumstance agree to fund your legal costs and any disbursements (medical assessments and reports required). This means that you will not have to pay us for any of the legal work in disputing the insurer’s decision nor will you have to pay for any of the medical assessment and reports required to support your claim.
The above information is general information only. For a free consultation and specific advice regarding your claim from one of our experts please contact us on Free Call 1800 122 555 or complete our Free Advice Form.