Workers comp benefits you didn’t know you had.
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You’ve twisted your back lifting boxes at work, developed carpal tunnel from years at your desk, or had a workplace accident that’s left you unable to do your usual job. You know workers compensation covers your medical bills and maybe some time off work… but there’s a whole lot more you might be entitled to.
We sat down with Kirsten Leitch, Partner at Maliganis Edwards Johnson, who’s been specialising in workplace injury law for over 20 years, to uncover benefits many injured workers miss out on.
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Modified duties and income payments
When someone is injured, often they are redeployed or their duties change.
Kirsten says it’s important to remember “light duties” or “modified work” aren’t favours, they’re often legal requirements.
“Under ACT workers compensation law, there are provisions that protect injured workers from being terminated for a certain period,” Kirsten explains. “Employers also have obligations to provide suitable duties where possible.”
This could mean shorter days, more breaks, avoiding certain tasks, or working from home. If your employer isn’t offering reasonable modifications, talk to a workers compensation lawyer.
Weekly payments can also cover you when you’re working reduced hours or earning less in lighter duties. “Many injured workers don’t realise they might be entitled to payments even if they’re still working some hours, just not their usual capacity,” Kirsten notes.
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Help with the housework actually counts
If your injury means you can’t do household tasks you’d normally handle, workers compensation can in some cases pay for someone to help.
“This is one of the most underutilised benefits in the ACT workers compensation system,” Kirsten explains. “People don’t realise that sometimes if they are injured they can claim compensation for domestic assistance or alternations to their home.”
Your partner is now doing all the housework on top of their own job, or your adult kids are coming over every weekend to help. That help has value, and in some circumstances you can be compensated for it – whether it’s family helping unpaid or professional services like cleaners.
2. Medical support and retraining
Workers compensation covers specialist consultations, physiotherapy, occupational therapy, prescription medications, medical equipment, and even surgery.
“You shouldn’t be limiting your treatment because you’re worried about costs,” says Kirsten.
“If your injury means you can’t return to your pre-injury job, workers compensation can help fund retraining.”
“We’ve had clients whose workplace injuries ended their ability to do physical work they’d done for decades,” Kirsten shares.
“Workers compensation helped fund their retraining into different careers.”
3. Beyond the basics: Lump sums and common law
If your workplace injury results in permanent impairment, you might be entitled to a lump sum payment recognising lasting changes to the function of parts of your body.
If your injury was caused by your employer’s negligence, common law damages can include compensation for pain and suffering, economic loss, and the impact of injuries and restrictions on your life.
“These claims require proving negligence, which is why specialist legal advice is important,” says Kirsten.
If you’ve been injured at work or suspect you might be entitled to more than you’re receiving, it’s worth talking to a specialist workers compensation lawyer. The team at MEJ has been helping Canberrans navigate the system for over 30 years.
Injured at work and wondering what you’re entitled to? The team at Maliganis Edwards Johnson can help you understand all your workers compensation benefits. Get in touch for a chat.
