The entitlements that are payable under the Workers Compensation Act are as set in greater detail below:-

1. If you are successful in establishing ongoing incapacity, you are entitled to payment of wages if you are totally unemployable for the first 26 weeks at your standard rate of pay and thereafter diminishing to what is known as the Workers' Compensation statutory rate which is calculated based on a claimant’s marital status and the number of dependants he/she has responsibility for. The figure is adjusted each six months on 1 April and 1 October each year and usually goes up a number of dollars each period.

   This 26 week period recommences should you suffer a fresh injury.

2. When you are certified fit for light duties and should your employer fail to provide you with appropriate light duty employment, you may be entitled to claim weekly benefits pursuant to Section 38 of the Act for up to 52 weeks of your incapacity at the rate of 80% of your average weekly wage. In order to enable such a claim to be made, when certified fit for light duties you should provide a copy of the WorkCover Medical Certificate provided by your doctor to your employer and make a request for light duties in accordance with the Certificate. At that time, you should make a note of the following:-
   
   
   1. the date and time;
   2. the name of the person to whom you speak;
   3. the response given.
   When seeking light duty employment from other employers, you should keep a note of the above details together with the name and address of the company from whom you apply for work. If possible, please obtain a card or letter from each company. .
3. If you are able to continue working but at a different employer and for a reduced amount of pay and it can be proven that this change in status is due to your injuries and disabilities, you may be entitled to “make-up” pay under Section 40 of the Workers Compensation Act. In this regard, you should keep careful details of your employers and the details of your weekly wages in order for such a claim to be prosecuted.
4. You are entitled to receive a lump sum for the permanent impairment of your body in respect of the loss of use of, for example, your back, arms, neck, legs and so forth, should this be the case. For injuries after 1 January 2002, this amount is calculated on the basis of whole person impairment due to the disability from that injury. Such permanent impairment can only be assessed when the doctors are certain that your condition is permanent and stable. The entitlement which flows from Section 66 of the Workers Compensation Act is based on a table of whole person impairment. The greater the degree of your permanent impairment (as assessed by duly qualified experts) the greater you entitlement to lump sum compensaiton. This payment which is under s.66 of the Act does not affect your other rights under the Act.
5. Additionally, you may be entitled to a lump sum pursuant to Section 67 for pain and suffering, the amount awarded depending upon the degree of pain. The pain and suffering relates to both the primary physical pain and the resultant mental and emotional harm such as stress and anxiety from the injuries. This aspect of the claim is determined based upon evidence provided by the claimant should the matter go to Arbitration and upon the details set out in medical reports provided by the worker’s doctors.
6. Hospital, pharmaceutical and treating expenses – worker are only able to claim these expenses on your if they keep documentation of such expenses. Accordingly, every time an injured worker pays for a script at a chemist, physiotherapy practice, radiology service or any other expense, he/she must obtain a receipt and provide the receipts to the relevant workers compensation insurer in order to have their medical expenses reimbursed.
7. Travelling expenses to and from treatment providers - These expenses are tedious to claim and must be fully and accurately documented. Nonetheless, they are recoverable. A worker must keep train and bus tickets, if possible, or a diary of when they attend doctors, the mode of travel and the name of stations and/or stops. If travelling by car, a claimant must keep notes of the dates, the person whom they are consulting and the distance travelled.
8. h.You may also be entitled to compensation for domestic home care and assistance depending on the level of your disabilities and your requirements for such gratuitous or paid services.

Unless your condition is permanent and stable we are not able to take any action on your behalf for the lump sums under items d & e above, however should your doctors indicate to you that it is, then of course we will write to your doctors for a report and act accordingly.

The Workers Compensation Legislation states that we must serve a medical report in support of your claim setting out the percentage impairment/loss assessments. In summary, the following action must be undertaken to have your matter finalised:-

1. The Medical Report obtained must be served upon the employer and its insurer.
2. We must allow a period of 8 weeks to elapse from service of the report to enable the insurer to investigate the claim and explore the possibility of settlement. For weekly compensation claims and medical expenses the ‘non-litigation period’ is shorter – 21 days.
3. Should the insurer reject or fail to consider the claim within the statutory non-litigation period, we will then be entitled to lodge an application with the he Workers’ Compensation Commission
4. The Commission will then arrange for a conference to take place between all relevant parties in an effort to conciliate the matter at an early stage;
5. If the matter does not resolve at the initial conference, the Commission will issue a Certificate to this effect and we will then be able to go to the next step, which may include a face-to-face Arbitration hearing. There are certain appeal rights that exist if the result at Arbitration is not the correct decision.

At Parramatta City Legal we ensure that we take all necessary steps with all due prudence and diligence so that your workers compensation claim can be processed in a thorough and timely manner.