WHAT AM I ENTITLED TO?
You can claim a lump sum for permanent impairment, generally after the injury is stable and after 12 months have passed since the injury was sustained. The amount will depend on your injury, when it happened and impairment you are assessed at. Payment of lump sum compensation for permanent impairment does not affect your entitlement to weekly payments or payment of medical and like expenses, or prevent lodgement (if appropriate) of a further claim for common law damages for a serious injury.
If your injuries are ‘serious' and at least partly the fault of your employer or someone else, you may be able to sue for more compensation under common law for compensation called ‘damages’.
These damages claims can include compensation for pain and suffering, loss of earnings (you must show you have sustained at least a 40% permanent reduction in your earning capacity ) and lost superannuation contributions (both past and future) due to your inability to work as a result of your work injuries.
Suing for Common Law damages also requires that the injury is result of the employer's negligence.
You are deemed to have sustained a serious injury if you have a whole person impairment of 30% or greater. If your impairment is less than 30% an application for a Serious Injury certificate needs to be made to Work Safe Victoria and if rejected by Work Safe an application is made in the appropriate Court.
The Insurer or Court will grant a Serious Injury certificate if it is satisfied that you have sustained either:
• Serious long term impairment or loss of body function; or
• Permanent serious disfigurement; or
• Severe long term mental or severe long term behavioural disturbance; or
• Loss of a foetus.
The application for a Serious Injury certificate is a complicated and I will guide and assist you throughout this process.
A common law claim for pain and suffering and loss of earnings compensation must be lodged within 6 years of the date of injury otherwise your right to sue may be lost.
HEARING LOSS CLAIMS
If you are working or have worked in noisy environment (Exposed to noise levels of at least 85dB) you can make a claim and may be entitled to compensation for Industrial Hearing Loss as a result of thework noise exposure.
You can also claim for hearing aids if you have sustained Hearing loss due to your work.
To receive monetary compensation you must have sustained at least 10% whole person industrial hearing loss impairment.
We can discuss your situation and possible entitlements when we meet.
I will arrange for you to undergo a Hearing Test so we are better placed to manage your possible claim.
