Know your rights - advice on workcover, claims and support

Links to guidance and support for members and their communities

 

Understanding your legal entitlements as a worker can be difficult when you're not sure where to look for support.  This page contains up to date guidance from legal firm Ryan Carlisle Thomas, as well as regularly updated phone numbers for advocacy bodies and organisations offering crisis support and information on your rights.

Ryan Carlisle Thomas are experts in personal injury compensation including TAC and WorkCover claims, Institutional Abuse, and Superannuation TPD insurance claims.

 

The following video links offer advice on the issues that workers face onsite every day:

 

How are WorkCover benefits calculated?

Calculating WorkCover benefits can be tricky. There are some pitfalls, like when you choose to attend medical appointments.

 

 

Are casuals and visa workers covered by WorkCover?

Casual and special visa workers comprise an increasing portion of the workforce, and both of these segments are legally covered by the same worker's compensation entitlements as full-time employees under WorkCover legislation.

 

 

An employer cannot refuse a subcontractors’ injury claim. Here’s why.

An employer may dispute a subcontractor's claim against WorkCover insurance but they cannot refuse it outright.

 

 

Does an injury Common Law claim risk my medical payments?

Making a claim for a lump sum compensation for impairment or economic loss as a direct result of a serious injury should not affect payments for medical expenses.

 

 

What kinds of lump sum payments can I pursue if injured?

WorkCover legislation entitles injured workers to claim lump sum compensation, but there are different types of lump sum payments available - a statutory entitlement for impairment, and compensation under a common law claim.

 

 

Are subcontractors covered by WorkCover?

Subcontractors are often used by a primary contractor to complete work, but does a subcontractor have the same rights as a permanent employee under WorkCover legislation?

 

 

Injured? Why it’s critical to get legal advice.

Even if your injury claim has been accepted without the help of a lawyer, you should still consult a lawyer to ensure you are protected in unforeseen circumstances such as if the injury is worse than initially diagnosed or aggravated in the future.

 

 

The RCT also runs a regularly updated blog focussing on issues that workers commonly face on site:

The gig economy and workers rights

Workcover Claims for Psychological Injury

Your Workcover Rights after 52 weeks of payments

How to dispute a Workcover decision

Annual Leave accrual on Workcover Payments

 

For further advice on any of these issues or if you feel like you may need support with a claim, contact your delegate or onsite organiser, or alternatively get in touch with NUW assist on their email nuwassist@nuw.org.au and telephone 1300 275 689.

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