If there is an area in workers compensation law that employees do not understand well, then it is compensation threshold. Most employees are of the belief that as long as you have been injured in the workplace, you are entitled to workers compensation. However, nothing could be further from the truth. First, there is a threshold that claims must meet. Second, the limits are guided by a strict set of workers compensation guidelines. Injury-causing accidents must meet certain laid down thresholds for staffs to qualify for compensation. Read on to find out more about the minimum requirements.
Compensation Eligibility -- Before you begin filing for workers compensation through your lawyer, ask yourself this question, "Do I qualify for compensation?" Most importantly, different territories and states have different requirements for employees to qualify for workers compensation. For instance, if you are a freelance landscaper in South Australia working on contractual terms, you will not be eligible for workers compensation. Instead, you can file for a civil claim case against your employer. As such, it is vital to find out if your capacity as a worker qualifies you for workers compensation in the event of an injury.
Direct Cause of Injury -- Are janitors entitled to workers compensation if they get electrocuted while helping a technician to fix electrical connections? The answer to this question is a resounding 'no'. According to Australian workers compensation laws, claims can only be processed if the injury suffered occurred while discharging duties stipulated in an employee's contract. Therefore, if you get injured while performing tasks that are not part of your employment contract, your claim will not have met the required threshold.
Notice of Injury -- In the event of an injury, compensation guidelines recommend that employees notify their employer as soon as possible. Such notice should preferably be made within 30 days. It gives the employer enough time to carry out investigations and come up with a report which they will issue to you and your lawyer. Notably, such notification must be explicit on the type of injury, where, and when the incident occurred. Do not wait longer than is necessary because your claim might become time-barred.
Medical Report -- If you suffer from chronic back pain from an injury you got while playing with your children, you will not receive compensation if you exacerbate the injury while performing your duties at work. The reason is that a medical report usually indicates the primary or original cause of injury. Therefore, for you to claim compensation, a doctor's statement must satisfy that the injury suffered was as a direct consequence of performing your duties at work.
For more information, contact an attorney at firms like Hoffmans Injury Lawyers.
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