Many people go about their jobs entirely oblivious of workers compensation systems and their legal rights. When an individual gets hurt at work, they may face two distinct avenues for compensation, which can be perplexing. Workers compensation and job injury damages are two different forms of compensation.
Workers’ compensation and work-related injuries damages are not the same things. Let’s go through each idea and what it means for the wounded worker.
Workers’ compensation offers legal benefits to all workers injured at work or who acquire a job-related illness. In most cases, compensation is provided to injured workers irrespective of fault. Workers’ compensation benefits are often provided for a set length of time, based on the level of the worker’s disability or permanent incapacity. Workers’ compensation awards are paid to a worker when the liability is recognised. These benefits include:
-Weekly payments to compensate income loss when the worker is completely or partially unable to work. Weekly payments are often made at a percentage of the worker’s pre-injury average weekly wages for up to two years. Weekly benefits beyond two years are contingent on the worker’s continued disability. Weekly benefits are only payable after five years if the worker has sustained a permanent disability of greater than 20%.
-Expenses for medical care, hospitalisation, and therapy spent as a result of the injury. These payments are due while the employee is receiving weekly compensation and for a minimum of two years from the date of injury. If the worker has experienced at least 11% permanent disability, these costs are covered for at least five years after weekly benefits. They are payable without regard to time if the worker has sustained at least a 21% permanent disability.
-Usually, the worker must have sustained at least 15% permanent disability. Domestic support is provided if the injured person requires it as a result of the injury. Temporary support may be offered for up to three months if the permanent disability is not yet certain.
-Payments for alternative employment if a worker’s injury necessitates a job change.
To get workers compensation, an injured worker must notify their employer and insurance and submit the appropriate documents. Typically, a WorkCover certificate of capability proving the worker’s incapacity for employment is all that is necessary. There is no need to establish blame, and in most circumstances, the process is simple, with no need to go to court.
Work Injury Damages
In contrast to workers’ compensation payments, work injury damages are paid as a one-time lump amount. Suppose a worker is injured on the job due to their employer’s carelessness or violation of a statutory obligation. In that case, the injured employee may be able to sue their employer for workplace injury damages.
It should be noted that an injured worker must first file for workers compensation before claiming work injury damages. No additional workers’ compensation claims can be sought if any job injury damages are given or awarded.
Unlike a workers’ lawsuit, whose rights include medical bills, domestic help, and further training in addition to lost income through weekly payouts, a work injury damages claim can only compensate for past and potential financial losses. To file a work injury damages claim, the injured worker must demonstrate that their injury has impaired their ability to make what they would have been capable of earning otherwise, presumably up to the workers’ pension age.
Which should you claim?
Applying for workers compensation is the first step, regardless of liability. Receiving workers compensation does not imply that you are entitled to work injury damages, nor does it exclude you from claiming them in the future. It will be advisable to consult with a legal practitioner who can guide you on the best course of action to guarantee you are appropriately protected.
Contact Franks & Rechenberg. P.C. Attorneys at Law to help with your work injury case.