What To Do After A Long-Term Workplace Injury

A long-term workplace injury describes any condition caused or exacerbated by work that has an ongoing or lingering impact on an employee’s health and wellbeing. Whether they’re physical, like chronic back pain or repetitive strain injuries, or psychological, such as enduring stress or trauma resulting from workplace bullying, these injuries disrupt everyday life, potentially altering one’s ability to work and engage in daily activities and recovery can be stressful and financially burdensome. That’s where Carbone Lawyers comes in. 

We bring a wealth of knowledge to the table when dealing with all facets of personal injury law, including long-term workplace injuries. We understand the profound impact these injuries have on lives and the added stress legal proceedings can bring, this is why we operate on a no-win no-fee basis. This means you can receive our expert legal advice with no upfront costs in most cases.

What Should You Do If You Sustain A Long-Term Workplace Injury

If you’re injured at work, after ensuring your immediate safety, the first step to compensation is contacting your employer to inform them of the injury. Employers are required to have WorkCover insurance in Victoria to cover your medical expenses and lost wages, but may also have additional policies in place depending on how the injury occurred and your specific employer. 

Reporting your injury and making your WorkCover claim should ideally be done within 30 days of becoming aware of the injury and will require a medical evaluation detailing the extent of the injury and its impact, you can obtain this from your regular General Practitioner in the form of a valid WorkCover Certificate of Capacity. Ensure you maintain detailed records of all medical assessments and communication as well as any of your out-of-pocket expenses.

If you’re unsure about any aspect of this process or are wondering if you can sue your employer for a long-term workplace injury, speak to one of our personal injury lawyers for expert advice.  

Understanding Workers’ Compensation Rights in Victoria

Employees in Victoria have the right to seek workers’ compensation for long-term workplace injuries. An accepted WorkCover claim should cover the financial burden of medical expenses, loss of income, and necessary rehabilitation, as well as lump sum payouts in certain cases. In instances where this is rejected or if you’re pursuing legal action against your employer, we recommend contacting our team to explore your options.

When Can You Sue Your Employer For Long-Term Injuries?

In cases where the negligence of your employer, or a third party, contributes to a serious long-term injury, you may be entitled to pursue what is called a lump sum, common law claim.. We’ll be able to tell you the merits of your case once we know the specifics, but you could be entitled to compensation for:

• Pain and suffering
• Future loss of earnings and loss of earning capacity
• Loss of superannuation contributions

Disability Benefits and TPD

Total and Permanent Disability insurance (TPD) is offered by most super funds and acts as financial security in the event you become ‘totally and permanently disabled’ from illness or injury. This differs from the lump sum you may receive from WorkCover in the event of a permanent impairment.

The disability support pension (DSP) is another source of compensation available in certain cases of long-term injury. This is a regular payment from Centrelink for individuals unable to work due to a medical condition and/or disability, if you’re seeking this payment you must satisfy several criteria outlined on the Victoria Legal Aid site including that your condition is diagnosed, treated, and stabilised. 

The Impacts of Long-Term Injuries

Long-term injuries extend their impact far beyond physical health. They can reshape your emotional wellbeing, affect your relationships, and disrupt your life plans. In personal injury claims, the focus is not just on the injury itself but on how it has altered your quality of life. Our team can help in realising and proving these changes, ensuring that your claim comprehensively represents the true extent of your injury’s impact on your daily life and future.

Resources like Pain Australia provide invaluable support, offering strategies and guidance for effective pain management beyond the guidance and legal advice Carbone Lawyers can provide.

Contact Us for Expert Advice on Long-Term Workplace Injury Claims

If you’re dealing with the aftermath of a long-term workplace injury and seeking expert legal assistance, we’re here to help. Contact us at 1800 369 888 to schedule an appointment with our personal injury specialists or fill out our online enquiry form and we’ll get in touch as soon as possible.