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Workers’ compensation rights are established under state laws that can offer benefits to workers injured in the workplace. For employees that have been injured, they are a “safety net” when they are unable to function either temporarily or permanently. Injured employees are entitled to payments that can assist with cover for medical costs and missed income.
There are some similar factors that typically apply in every state, even though the laws vary in each state. Workers compensation is usually a no-fault scheme in which workers are protected when they are injured at work and are not forced to show the employer’s fault or negligence. From the first day at work the workers are eligible for these rights and there are no income level conditions.
In addition to medical costs and missed income, momentary lump sum benefits usually fall into the whole person impairment (WPI) category. Any WPI dispute, can be resolved through the Personal Injury Commission (PIC), formerly Workers Compensation Commission (WCC) by referral to an approved medical specialist (AMS) for a binding WPI assessment. There are specific forms to be sent to the employer and the workers compensation insurance company before lodgement with the PIC.
In some cases, the law may require the worker first to see the doctor of the employer’s choice, however, majority of the time, there are conditions under which the employee can see a doctor of their choice.
Workers compensation cases can be a long and complex process especially if, for example, there are pre-existing injuries or surgery/s. A claim made by an employee can be rejected by an employer several times. Workers are entitled to appeal the dismissal of an employees compensation claims. Subsequently, to determine the factors in the argument, teleconferences, conciliation arbitration, meetings or hearings may be scheduled.
Injured workers have the right to represent themselves throughout the duration of the case. There is no obligation to retain a lawyer, however, the Independent Review Office (IRO), formerly Workers Compensation Independent Review Office (WIRO) can also assist injured workers to access free legal advice. The law and process can be relatively difficult and might be in the best interest of the injured worker to obtain advice from a workers compensation lawyer.
If you have been injured at work, call Prominent Lawyers today on 1800 77 66 46 for legal advice.
*The contents in this article are solely intended to provide general information in summary and do not constitute legal advice. We recommend seeking the assistance of a legal professional to discuss any matters at hand.
