Workers Compensation FAQs What makes Arnold Thomas & Becker the ideal law firm for a Workers Compensation case? Our firm specialises in personal injury compensation, which has been our focus for over 50 years. What will this cost me? We offer a ‘no win no fee’ policy and fund our clients’ claims with no interest. This means if we do not win your case, there will not be out-of-pocket expenses for you. Our ‘no win, no fee’ structure is in place to provide a no-risk situation for our clients. Can we claim on behalf of a deceased family member? The executor of the estate of a deceased worker may be able to make a claim for some types of compensation to which the deceased may have been entitled. Partners or children of a deceased worker who were dependent on the earnings of the worker may be able to claim compensation for themselves. Is everyone eligible to make a common law claim? If you were injured at work, in many cases you may be able to sue your employer or another party for damages under a common law claim. If you are injured while on the job you have the right to receive compensation. Typically this would involve making a WorkCover claim. However, depending on the circumstances of your accident or illness you may be able to make a common law claim as well as a WorkCover claim. More information can be found on our Common Law page. What will be required from me during this process? Arnold Thomas & Becker work to make this complicated situation much simpler for you. We will visit you at home or the hospital, or via video call if you are too unwell to travel. Are contractors entitled to workers’ compensation? People working under a contract for service may in fact be workers as defined by the legislation and/or at common law. Compensation entitlements can apply to those working as contractors during and for the purposes of a trade or business carried out by another person or entity. Can I claim workers’ compensation if I have a pre-existing injury? Yes. An injury can be completely new, or a recurrence, aggravation, acceleration, exacerbation or deterioration of any pre-existing injury or disease. It does not matter whether the pre-existing injury or disease was work-related or not. Does WorkCover cover travel to and from, or for, work? Not usually. Such incidents would be covered by the TAC scheme. However, you may be able to lodge a journey WorkCover claim if you are travelling for the purposes of your employment. Can you claim workers compensation after resignation or termination? Although a WorkCover claim is required to be lodged whilst a worker is still employed by an employer, it may be possible to lodge a claim even after the worker has resigned or been terminated from employment. Can you work a second job while on workers’ compensation? It is possible to work whilst receiving weekly payments of compensation, but in most cases the amount earned by doing so will reduce the weekly payment. Does workers’ compensation end at 65? No. Weekly payments of Compensation will not be paid after a worker reaches retirement age. Retirement age depends on the date of birth of the individual. However, there are significant rights available for payment of other types of WorkCover compensation beyond retirement age. This includes compensation for medical expenses, but also for payments of lump sum compensation that in most cases can be obtained quickly and without the need to go to Court. In fact, in most cases it is never too late to see if a worker can obtain lump sum compensation, even after retirement. Can an employer deny the lodgement of a workers’ compensation claim? Can I be fired for lodging one? An employer does not have the right to deny the lodgement of a workers compensation claim, and they cannot fire a worker for lodging one. In fact, they have a duty to pass on a workers compensation claim to the appropriate body. How do I dispute decisions I disagree with? If you disagree with a decision made by a WorkCover insurer, you can refer the matter for conciliation which will be conducted by the Workplace Injury Commission. How long does the insurer have to approve treatment (surgery, medication, physiotherapy)? There is no time limit within which a decision has to be made for the approval of funding for treatment, but we recommend that, if there is no response for approval of such funding within two weeks of making the request for funding, or if the request is denied, an application for conciliation be lodged with the Workplace Injury Commission. How long do weekly payments go for? In most cases a worker will have an entitlement to weekly payments for up to 130 weeks if you have an incapacity to return to pre-injury duties. In some cases, weekly payments can continue until retirement age. In limited circumstances, an older worker may also have an entitlement to weekly payments after retirement age. Why aren’t I getting superannuation? Under the WorkCover scheme, you’re entitled to superannuation if you’re in receipt of weekly payments for more than 52 weeks.