YOU’RE RIGHTS FOR A WORK RELATED INJURY POST 1ST JANUARY 2013
- Your weekly benefits are under a 3 tier entitlement regime consisting of the first 13 weeks, after injury, then weeks 14-130 weeks and weeks 131 onwards.
- Every worker on weekly benefits will be subject to Work capacity assessment and if you have been assessed to have the ability to work it is likely your entitlements will be reduced or cut completely.
- You can appeal the decision to the WorkCover Independent Review Officer but you have no rights to legal representation. If the worker is still dissatisfied with the decision by WIRO, the worker can appeal to the Administration Division of the Supreme Court but would be subject to an adverse costs order in the event the appeal failed.
- From June 2012, if you put in a claim for Whole person impairment, you will only be entitled for such a claim if you are assessed to have greater than 10%. You are also not entitled to any further entitlement for pain and suffering.
MEDICAL AND RELATED TREATMENT EXPENSES
- Treatment expenses will now only be paid for 12 months after the claim for compensation was first made, or 12 months after the last payment of weekly compensation whichever is a the latter.
- If a worker receives greater than 30% Whole person impairment, you are not subject to those restrictions.
- Journey claims have been attempted to be abolished.
- From 1 April 2013, any worker who makes an application to the Workers Compensation Commission must pay his or he own legal costs regardless of whether a worker wins or loses. Your lawyer, such as PJM Lawyers is on the panel for ILARS Independent Legal Advice Review Service, who can apply on your behalf a legal aid grant. If the grant of aid is granted, the workers’ solicitor is paid by ILARS