WORK INJURY: A piece of wood breaks John's arm sending him away on worker's compensation.
WORK INJURY: A piece of wood breaks John's arm sending him away on worker's compensation. Tara Miko

Compensation for work injuries

JOHN is a mill worker injured at work when a piece of timber strikes him causing a serious left arm fracture.

Unable to work for approximately five months he returns on light duties.

During the time off work John makes a claim for workers compensation and for the first three months he receives 95 per cent of his pre-injury average weekly earnings.

He is then only entitled to receive 80 per cent of average weekly earnings for the remainder of the time off work.

Payment is also received for medical expenses.

Upon returning to work John continues to have significant problems with his left arm but fortunately, being right hand dominant he is able to perform most of his work without too much difficulty.

Eighteen months pass since the injury and John sees a solicitor in relation to his continuing impairment.

He is informed he can make a claim for his impairment under the Workers Compensation Act provided he has more than 10 per cent 'whole person impairment' but may only make one claim.

John is referred to a doctor who prepares medico-legal reports.

The doctor states John's injury to his left arm has stabilised and he has 12 per cent whole person impairment.

The timber mill's insurance company obtains their own medico-legal report which also confirms that John has a 12 per cent whole person impairment.

Ultimately, John receives a lump sum payment for his impairment of $25,420 which was the applicable rate at the time of his accident in September of 2015.

Workers compensation law can be complicated and it is advisable for injured workers to see a solicitor at an early stage to ascertain their rights.

To address a legal issue write to manny.wood@ticliblaxland.com.au or call 6648 7487.



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