What to do when your workers comp ends but you can’t go back to work

If at the end of your workers’ compensation claim, you are not able to return to your work with the employer, you should contact Centrelink as soon as possible to register for Newstart or Disability or Sickness Benefits.

Alternatively, you may hold disability insurances attached to your superannuation or through other private insurance. You should make enquiries with these entities as to whether you have a claim for income payments if unable to work due to your injuries.

What If I have no money and am suffering severe financial hardship?

You may be able to draw on your superannuation and you should make enquiries with your Superannuation Fund to see how you can apply for release of funds due to your hardship. If you have a mortgage, credit card repayments or car repayments etc, you may have disability insurances attached to your mortgage or loan agreements which can assist you. You should look into this with your lenders.

Workcover is not obligated to find you alternate employment

Although return to work programs are usually part of rehabilitation provided in a workers’ compensation claim, Workcover is not obligated to find the worker alternate employment. Workcover is only required to maintain wage payments and funding for medical and rehabilitation treatment until such time as the worker’s injuries are stable and stationary. After that time, their obligation ends whether the worker is back at work or not.

What happens at the end of your workers’ compensation claim?

The workers’ compensation insurer may issue you with a Notice of Assessment setting out an impairment assessment for your work injury. If assessed at more than a 0% impairment, you will also be offered a lump sum payment for your work injury.

If your degree of permanent impairment stated in the Notice of Assessment is 20% or more, you can take the lump sum offer (for the injuries assessed at 20% or more only) and still make a common law claim

However, if the assessment of permanent impairment is less than 20%, you cannot both accept the offer and make a common law claim, you must choose.

Dealing with Workcover on the fine details can be tricky – feel free to contact us to discuss your claim. This is confidential and cost free.

TPIL Lawyers

Angela

Lawyer

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Allison

Paralegal

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James

Senior Lawyer (L.L.B, BAppSc)

Our Managing Director, James, has represented clients who, through no fault of their own, have suffered as a result of somebody else’s actions. Imagine finding yourself hurt and then having an insurer make you jump through hoops before you can get access to much needed treatment. James has seen it all.

Connect with James on Twitter @QLDLawyer