Knee Injuries at Work – Workers Compensation

by Walker Law Group

Knee Injury Compensation for Injured Workers

Walker Law Group has over two decades of experience in assisting workers injured in the workplace to achieve the best possible compensation. Walker Law Group are approved by the WorkCover Independent Review Office which has established the Independent Legal Assistance and Review Service. Under this service free access is provided to independent legal advice for injured workers through a financial grant where there is disagreement with an injured worker's insurance company concerning entitlements.

Walker Law Group works with WIRO to assist with grants of legal service or to resolve disputes that cannot be progressed. Where there is an arguable chance of success, a grant will be provided which allows Walker Law Group to assist with the particular matter.

Injuries that occur in the work place are common. In particular, knee injuries frequently occur due to the fact it is a part of the body that is easily injured in a fall, collision or when turned in a direction not compatible with the knee joint.

If you are an employee or sub-contractor who has experienced an injury whilst at work, for example an injury to your knee by way of a fall, collision or stress over time, you may be entitled to a considerable amount of compensation which reflects as best as possible the extent of the injury and assists with any needs which arise as a result of the injury.

There are a number of aspects which require consideration before it is possible for a person to claim compensation or bring legal action for the purpose of compensating them for a work place injury.

Firstly, you must be either an employee or sub-contractor who receives a wage or commission. If you are an independent contractor, you usually won't be able to make a claim against the organisation which has contracted with you.

Secondly, the injury must be work related. This means the injury must have either occurred at the place at which you work, or the work for which you are paid aggravated a pre-existing injury. This includes not only physical but also psychological injuries. Further, if you are caused to suffer a disease the main cause of which is your work or it aggravated an underlying disease, you may be able to bring a claim for compensation. For example, if you work in an area which is loud and this causes damage to your hearing or deafness, or if you work in an area with chemicals which cause damage to your respiratory system including asthma, you may be entitled to compensation.

If you are injured travelling to or from work, a claim for worker’s compensation will not normally be successful. If your injury involves a motor vehicle accident when travelling to or from work, it may be covered by the compulsory third party insurance scheme. If there is a 'real and substantial' connection to the injury and your employment however, a claim for compensation may be successful.

Where an employee or sub-contractor is injured at work and the employer or organisation contracted with notifies their insurer of the injury, the injured party will normally receive provisional payments. Provisional payments should start within 7 days of the injury and are intended to reduce the immediate impact of an injury. It is not necessary for an insurer to accept the claim for an injured worker to start receiving provisional payments.

Where an employer or contracted organisation's insurer accepts a claim for a work place injury, the injured worker may be entitled to payments on a weekly basis which are calculated as a percentage of the worker's current wage.

If a worker or sub-contractor is injured to the extent that they have been permanently impaired, they may be entitled to a lump sum payment for compensation.

There are a number of important things an injured worker should do as soon as possible after experiencing an injury in the work place or caused by their work. Firstly, an injured worker should notify their employer about the injury. Secondly, see a doctor and explain to them that the injury was caused by your work. An injured worker will need a WorkCover certificate of incapacity, available from a doctor, and a worker declaration. A worker declaration is available on the WorkCover website. Give both of these documents to your employer along with receipts for any treatment received for the injury. Your employer should then notify their insurer of the injury. WorkCover must be notified by your employer within 48 hours of the injury.

Experiencing an injury as a result of working can be an extremely stressful and traumatic time. Attempting to make a claim for compensation following an injury can be a complex and difficult task on top of this stress. There are many possible bars to a successful claim for compensation, for example, often an insurer will dispute a claim or minimise as much as possible any payments made to an injured worker. For this reason, it is in an injured worker's best interests that they are represented by a specialist compensation lawyer who is able to ensure the best possible compensation is obtained which reflects the extent of the injury and assist with any needs that arise as a result of the injury.

For further information on knee injury compensation speak to an expert worker’s compensation lawyer, please contact us on (02) 8046 9700 or email at enquiry@walkerlawgroup.com.au



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