One common question injured workers ask is, ‘how long does WorkCover take to pay?‘ Understanding the timelines for receiving weekly compensation is crucial to managing your finances after an injury.
Timeframes for WorkCover payments
In Australia, WorkCover strives to decide on claims within 20 business days. Once a claim is approved, the timing of payments depends on the type of claim and the circumstances.
For basic weekly payments, the first payment is typically made within six days of claim approval or at the end of the excess period. The excess period refers to the first week you’re unable to work.
After this, normal weekly payments begin. These are usually paid directly into your bank account in line with your employer’s payroll schedule, ensuring you receive consistent support during your recovery.
Weekly Payments for Injured Workers in Australia
If you’ve been injured at work in Australia, you may be entitled to weekly payments through WorkCover or a relevant self-insurer. These payments are designed to provide financial support by covering lost wages while you recover or adapt to a limited working capacity. However, understanding your eligibility and the process can be complex. Here’s a breakdown of essential information regarding workers’ compensation weekly payments.
Employee or Independent Contractor?
The first step in determining your eligibility for weekly payments is identifying whether you are classified as an employee or an independent contractor. To qualify for workers’ compensation, you must be an employee or a deemed worker under the scheme. This applies whether you work full-time, part-time, or casually.
Sometimes, employers may misclassify employees as independent contractors to avoid responsibility. This illegal practice, known as sham contracting, can significantly impact your rights. Various tests can be used to determine your employment status, and it’s crucial to correctly identify the nature of your working relationship. If you’re uncertain about your classification, seek professional advice for a tailored analysis of your situation.
If it’s determined that you’re ineligible for workers’ compensation, don’t worry—you may still have other options, such as a Total and Permanent Disability (TPD) claim or an income protection claim.
Is It a Work-Related Injury?
For a workers’ compensation claim to be successful, your injury or illness must arise out of or in the course of your employment, with your work being a significant contributing factor. Workplace injuries may include incidents that occur:
- While performing your duties at work.
- During travel to or from your home and place of employment.
- On a scheduled work break.
Importantly, employees working from home are still eligible for workers’ compensation if there’s a clear connection between the injury and their employment.
If your injury occurs during travel to or from work, you may also be entitled to lodge a “journey claim.” Additionally, if the injury involves a motor vehicle accident and you’re not at fault, you might qualify for compensation under the Motor Accident Insurance Commission (MAIC) Compulsory Third Party (CTP) scheme. These claims can be complex, so seeking legal advice is crucial before proceeding with a motor vehicle accident or workers’ compensation claim.
Lodging a WorkCover Claim
To start the claim process, notify your employer of your injury as soon as possible. Follow any internal procedures for reporting incidents, such as filling out an employer-provided injury report. Ensure that the incident is documented accurately in your employer’s injury register, providing additional details if needed.
Next, seek medical treatment promptly. While your employer may recommend a specific doctor, remember that you have the right to visit a healthcare provider of your choice. The doctor will issue a workers’ compensation medical certificate (often referred to as a “work capacity certificate”), which includes details about your injury, the date of the incident, your ability to work, and any recommended treatments.
Understanding Weekly Workers’ Compensation Payments
If you qualify as an eligible employee and your claim is accepted, you’ll begin receiving weekly payments to compensate for lost wages during your recovery. Initially, you’ll receive up to 85% of your normal weekly earnings for the first six months, after which payments may gradually decrease.
How Long Will Weekly Payments Last?
The duration of weekly payments depends on your recovery and ability to return to work. Payments typically cease once:
- You’ve returned to work in full capacity.
- Your injury is deemed stable and stationary.
It’s essential to comply with WorkCover during this time. This may include participating in rehabilitation programs, alternative employment arrangements, or gradual return-to-work plans.
Should You Accept a Lump Sum Payment?
During your recovery, you may receive a Notice of Assessment and an offer for a lump sum payment, particularly if your injuries result in permanent impairment. This decision requires careful consideration, as accepting a lump sum will impact your ability to pursue a common law claim against your employer.
A common law claim may be an option if your injury was caused by your employer’s negligence. However, accepting a lump sum payment will waive this right. Before making any decisions, it’s critical to seek legal advice to understand how a lump sum offer may affect your long-term entitlements.
Seek Help from a Workers’ Compensation Lawyer
Navigating workers’ compensation claims while dealing with a workplace injury can be overwhelming. Weekly payments provide crucial financial support, allowing injured workers to focus on recovery. However, if your claim is denied, or your payments are reduced or stopped prematurely, you don’t have to face the challenges on your own.
An experienced workers’ compensation lawyer can provide clarity, advocate for your rights, and guide you through the process to secure the benefits you’re entitled to. Don’t hesitate to contact a trusted legal professional to ensure your case is handled with expertise and care.
If you need assistance with a workers’ compensation claim in Australia, reach out to our team for personalised advice and support.