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The Law and You: Workers Compensation

HerCanberra Team

How do I know if I am eligible for Workers Compensation?

Changes to the national workers compensation scheme have been making headlines in recent times, leading many workers who have suffered an injury on the job unsure about whether they are eligible to receive workers’ compensation payments.

And for good reason – the process of finding the right information can be lengthy and confusing. We asked Kirsten Leitch, Senior Associate with Maliganis Edwards Johnson (MEJ) Barristers Solicitors, for her advice on navigating this tricky path.

“Every compensation claim is different and dependent upon the particular scenario the injury incurred within, taking into account the people and type of work involved, the work arrangement agreed upon and other unique claim variables such as which legislation applies to your State or Territory.” says Kirsten.

“With so many things to consider it helps to know where to start and narrow down your search from there.”

The Australian Capital Territory is covered by the “Workers Compensation Act 1951”, “Workers Compensation Regulation 2002” and “Workers Compensation Rules 2002”. WorkSafe ACT is part of the Department of Justice and Community Safety. You can contact their Workers Compensation Hotline on 6207 3000 or review their website to obtain information and guidance in relation to lodging a workers’ compensation claim.

“There are obligations on injured workers to report injuries and accidents as soon as possible,” Kirsten says.

“It is important to report any incident immediately, and to ask your employer for copies of documents that you need to fill out.”

If you have any difficulty obtaining documents or information from your employer, or issues in relation to payment of workers’ compensation entitlements by insurers, you can contact MEJ – they’ve been specialising in workplace injury law for 30 years and can offer you professional advice, guidance and services.

For compensation information outside the Australian Capital Territory, you can find the relevant legislation/links covering your state or territory by visiting the Safe Work Australia website.

“It is also important to record in writing exactly what happened to cause the injury, attain contact details of any witnesses, inform your employer of what’s happened and obtain a doctors certificate and other relevant medical information/diagnosis as soon as possible to ensure you have a strong case. Cover your bases to ensure you get the remuneration you deserve.”

MEJ can be contacted by phone on 02 6257 2999 or email at [email protected]. This is a sponsored post.

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