Stress is an adverse reaction caused by excessive pressure.
Stress in the workplace can be caused by bullying, lack of control over work activities, lack of communication and support from co-workers and management and harassment.
Other pressures that may cause stress are family relationships, financial problems, death and divorce.
If stress is left untreated and goes on for some time it can cause mental and physical illness.
Employers have a duty to ensure the health and welfare of their employees. If your work environment is the cause of stress then you may be able to make a claim for workers' compensation. You should be aware that stress claims are often disputed and can be extremely difficult to prove.
If you are suffering from stress and your work environment is the cause, you should speak to your employer. You should try and identify the cause of your workplace stress. For example:
If you are being bullied, you should report the bullying.
If your workload is excessive, you should ask for assistance.
If you are confused about your role or job title, you should ask for clarification.
If you feel you do not have enough control over your work, you should ask for more decision-making rights.
If you employer does not address the cause of your stress in the workplace and as a result you believe your health is suffering, you should speak to your doctor.
If your stress is work caused and you are certified unfit or partially unfit by your doctor then you may be entitled to make a claim for workers’ compensation. You should:
Seek medical treatment and ask your doctor for a First Medical Certificate
Ask your employer for a Claim Form 2B
Return the First Medical Certificate and completed Claim Form to your employer.
Your employer has three days to forward the claim form and medical certificate to their workers’ compensation insurer.
The insurer has 14 days to notify you in writing of their decision. The insurer will do one of the following:
Accept the claim
Pend the claim, or
Dispute the claim
If you do not receive the notice within 14 days, you are entitled to the weekly payments you are claiming.
If your claim is pended or disputed you should:
Seek legal advice.
Continue to seek treatment from your doctor and ask your doctor to provide you with progress medical certificates each time you attend.
Ensure you keep any medical appointments arranged by your employer.
Speak to a lawyer before you speak to an insurance investigator.
If your employer disputes your claim, you have the option of lodging an application at Workcover.
That you have sustained a disability in the form of a psychiatric condition.
There is a causal connection between the psychiatric disability and your employment.
The employment contributed to a significant degree to the contraction of the psychiatric disability.
Incapacity for work.
The law does limit stress claims and many factors which cause stress are excluded from the workers' compensation scheme.
More information on stress claims is available from Workcover WA.
]]>Last year the Supreme Court of Western Australia dealt with competing applications by a worker and the employer. The worker sought a declaration that the notice in writing of registration of an election to seek common law damages was not validly given under the Act. The employer sought a declaration that the notice was validly given. The worker had commenced proceedings in the District Court and if the notice had been given validly then he had comenced those proceedings out of time.
The Court was asked to consider whether the words “the Director gives the worker written notice” should be construed as requiring that notice by post be given only to a worker at a personal address for him or the words allow for the giving of notice by post to an agent on the worker’s behalf. The worker’s agent in this case was his then solicitor.
The Court held that under section 93 K(4)(c)(i) of the Act it was sufficient that the Director take steps of whatsoever kind to bring the contents of the notice to the attention of the person to be notified. On this view the worker had received the notice validly and his application was dismissed.
This case is more interesting for the fact that there was no explanation why the worker did not commence proceedings in time given that the he received the notice from his then solicitors before the expiration of the 30 days in which he was required to commence District Court proceedings under the Act.
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Three lectures covering the Australian Legal System;
Two intensive library tutorial sessions;
Seven lectures covering the Law of Contract;
Two assessable projects;
A final exam.
As an advocate of alternative entry programs I am very pleased to have been offered the opportunity to be a part of this program.
The University is currently taking applications for the March course. The course will run on Wednesday evenings from 11 March 2009 to 10 June 2009.
]]>damages under common law ;
schedule 2 payments;
extended medical benefits;
specialised retraining.
An impairment threshold is the level of bodily impairment that an injured worker must reach before they are entitled to access certain entitlements under the Act.
Access to common law damages is conditional on a worker being assessed as having a permanent impairment of not less than 15%. Other criteria also apply.
Access to extended medical benefits to a maximum of $250,000.00 is conditional on an injured worker being assessed as having a permanent impairment of not less than 15%.
Access to specialised retraining programs is conditional on an injured worker being assessed as having a permanent impairment of at least 10% but less than 15%.
Workers should be assessed for permanent impairment once their injuries have reached maximum medical improvement. This means that their condition has stabilised and unlikely to change substantially in the next year, with or without treatment.
Injured workers who wish to pursue a common law claim in the District Court are subject to strict statutory time limits. The clock starts to run when an injured worker makes a claim on their employer for workers’ compensation.
Workers have one year from the day they make a claim for compensation to elect to pursue common law damages against their employer. This is called the termination day. A worker cannot elect after the termination day.
Within 30 days of receiving notice from the Director at Workcover that the election has been registered a worker must commence proceedings in the District Court.
In some circumstances the termination day can be extended. The request for an extension of the termination day is also subject to the one year statutory limitation.
A worker who has been assessed as having a permanent impairment of not less than 15% is entitled to apply for an extension of medical benefits of a further $250,000.00. The worker must apply within five years from the date the claim for compensation is made on the employer.
Workers who apply for an extension of medical benefits are not entitled to pursue a common law claim.
A worker who is assessed as having a permanent impairment of at least 10% but less than 15% is entitled to apply for a specialised retraining program. The worker must apply within two years from the date the claim for compensation is made on the employer.
]]>Under the Act you are currently entitled to the following:
Most people who receive an offer to settle their workers’ compensation claim ask at least one of the following questions:
Whether you should settle your claim will depend upon whether your injuries have healed and your doctor has certified that you have reached maximum medical recovery.
You should not settle your claim if you think you may have future medical problems arising from your work place injury. If you are still receiving treatment for your injuries and you settle your claim you will be responsible for all ongoing treatment expenses and those expenses may be very costly.
Under the Act there is a limited amount of money available for lump sum settlements. Determining the value of a workers’ compensation claim will vary depending on the nature and severity of your injuries and whether you have suffered a permanent impairment.
If your injury leaves you with a permanent impairment you are entitled to be compensated for that impairment. Permanent impairment is expressed as a percentage and must be assessed by an approved medical specialist. The amount of money for a permanent impairment is set by law and contained in Schedule 2 of the Act.
If you have a total or partial incapacity for work you may be entitled to an amount for future weekly payments of compensation.
You may be entitled to an amount for ongoing medical treatment costs. If you have suffered a permanent impairment and you are unable to return to your pre-injury employment you may be entitled to vocational retraining costs.
All of the above must be taken into consideration in determining the value of your claim. In addition there may be other factors that may make a claim more valuable or less valuable. An experienced workers’ compensation lawyer will only advise you on the value of your claim after he or she has gathered all of the information about your claim.
If your injury flares up after you have settled your claim then you will be responsible for all future treatment costs. For this reason you should not settle your claim until your doctor has provided you with a final certificate or report stating you have either recovered from your injuries or you have reached maximum medical recovery.
]]>Under the Workers’ Compensation and Injury Management Act the limitation date is referred to as the termination date.
Your termination date is one year from the date that you lodged your claim for workers' compensation with your employer. Under certain circumstances the termination date can be extended.
Access to common law damages is dependant upon:
Proving your employer was negligent;and
An approved medical specialist assessing your impairment level at not less than 15%; and
Registering an election to pursue common law damages prior to the termination date; and
Commencing common law proceedings within 30 days after the Director has given notice that the election has been registered.
For example, if your are injured on 26 June 2008 and you make a claim on your employer on 30 June 2008 the termination date is 30 June 2009.
Six months after you make a claim for compensation you will receive a notice from your employer’s workers’ compensation insurer notifying you of the termination date. It is important that you do not ignore this notice. If you do not act prompltly when you receive this notice you may forfeit your right to common law damages.
It is recommended that you seek legal advice when you receive this notice for the following reasons:
An appointment with an approved medical specialist will have to be scheduled and often you may have to wait 2 or 3 months before the specialist is able to see you.
The approved medical specialists can be expected to take a further 6 to 8 weeks to provide you with the report and certificate about the outcome of the assessment.
If you are assessed as having a permanent impairment of not less than 15% you will then have to lodge the approved medical specialist's report and certificate at Workcover. This is called an election.
After you have lodged the documents you will receive notification from the Director that your election has been registered.
Within 30 days of receiving notification from the Director that your election has been registered you must commence proceedings in the District Court.
]]>An employer is not entitled to discontinue or reduce weekly payments of compensation unless:
If you consented to your weekly payments being discontinued there may be circumstances where this will not effect your ongoing entitlement to weekly payments.
You should seek legal advice:
Your employer is not entitled to discontinue your payments of weekly compensation unless you have returned to full employment for an indefinite period with the employer who is paying workers' compensation. Before the employer is entitled to discontinue your workers' compensation payments you must have returned to work on substantially the same basis of pay and terms and conditions as you were before you were injured.
If you have not given your consent or returned to work your employer must serve you with a valid notice and a medical certificate before they are entitled to discontinue or reduce your payments.
The Notice must clearly:
The medical certificate must:
If your employer has not complied with the Act and discontinues your weekly payments of compensation then you are entitled to an order from an Arbitrator that your weekly payments be reinstated.
]]>Damages are awarded if you are able to prove negligence. As the person claiming damages you will have to prove every element of the claim.
To prove negligence you must be able to show:
Damages is split into two different categories known as general damages and special damages.
General damages takes into account the pain and suffering you have sustained as a result of your accident. Your doctor or treating specialist will provide this evidence in support of your claim. Your lawyer will write to your doctor or specialist and request a report and may also request your medical records.
General damages also include compensation for any lost earnings and if your injury is very serious and you are prevented from returning to work then you may be awarded an amount for loss of future earning capacity. There are two basic requirements for recovering lost wages. First, the lost wages must be actual and certain. The wages cannot be speculative. Second, you must prove that the injury prevented you from being able to work. To recover future lost earnings, you must prove that you are permanently disabled and that your disability will reduce your future earning capacity. A medical report from your treating specialist will be required to prove loss of future earning capacity.
Special damages are intended to reimburse you for any expenses you have incurred as a result of the accident. For example the cost of travelling to and from hospital, the cost of medication, nursing care, rehabilitation costs or any aids necessary such as a wheelchair. You will also be entitled to claim compensation for modifications to your house or car.
You have a limited amount of time to file a personal injury claim? This period of time is known as the limitation date. If you do not commence proceedings before the limitation date, you may forfeit your right to claim damages.
It is recommended that you seek legal advice shortly after you are injured. You will need to gather evidence and present this to the other person’s insurer. Very often people wait too long before they seek legal advice and vital evidence is lost. If you seek legal advice early and your lawyer believes your claim for compensation has merit he or she will assist you to preserve the evidence.
]]>Call Legal Aid or the Law Society for a referral.
Ask your friends and family if they can recommend someone.
Ask another lawyer, if you know one.
Once you have decided on a firm to represent you call and ask to speak to the lawyer who will be dealing with your claim. This is a perfectly legitimate request. Depending on your needs, you may be entering into a long term relationship with them so it is important that you can work with your lawyer.
Here are a few things for you to consider when choosing a personal injury lawyer to represent you:
Choose a lawyer who specialises in personal injury claims. A lawyer who specialises in personal injury claims will be able to assess the merits of your claim, approximate its monetary value, determine the best strategy for pursuing it and will have kept current with the developments in personal injury law.
Choose a lawyer who is familiar with the different courts and tribunals that deal with personal injury claims. Different courts and tribunals have rules specific to their jurisdiction. For example if you have a work place injury and your claim is disputed your lawyer will more than likely have to represent you at the Dispute Resolution Directorate.
Choose a lawyer experienced in negotiating with insurance company lawyers. An insurance company lawyer is looking after his or her client. The insurance lawyer is seeking to pay out the least amount possible, so an inexperienced personal injury lawyer may be at a disadvantage in these negotiations.
A good lawyer will always:
listen to your concerns;
return your calls promptly; and
keep you informed of developments in your claim.