workers compensation

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Workers' compensation or workers' comp (formerly workmen's compensation until the name was changed to make it gender-neutral) is a form of insurance providing wage replacement and medical benefits to employees injured in the course of employment in exchange for mandatory relinquishment of the employee's right to sue his or her employer for the tort of negligence. The trade-off between assured, limited coverage and lack of recourse outside the worker compensation system is known as "the compensation bargain". One of the problems that the compensation bargain solved is the problem of employers becoming insolvent as a result of high damage awards. The system of collective liability was created to prevent that, and thus to ensure security of compensation to the workers. Individual immunity is the necessary corollary to collective liability.
While plans differ among jurisdictions, provision can be made for weekly payments in place of wages (functioning in this case as a form of disability insurance), compensation for economic loss (past and future), reimbursement or payment of medical and like expenses (functioning in this case as a form of health insurance), and benefits payable to the dependents of workers killed during employment.
General damage for pain and suffering, and punitive damages for employer negligence, are generally not available in workers' compensation plans, and negligence is generally not an issue in the case.

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  1. A

    WA Taking A new job while on workers compensation

    Hi I work Fifo for a contract company to FMG In march I fell from a truck and fractured both Scapula's and 3 compression fractures of the spine, I have now returned to work cleared to drive truck and tele handler but I am limited to lifting weights under 10kg. I still get a lot of pain in my...
  2. Integrityisundervalued

    NSW SIRA Regulations and NSW W. Comp Legistlation NOT been followed

    I suffered years of "bullying" at work by coordinator. Followed the complaints management procedures set out by my employer Complained in writing to management, requesting equal treatment and a safe workplace. Was ignored for the most part though do have in writing emails from management noting...
  3. kingofmeereen

    QLD Are there insurances in place for workers who are inflicted psychiatric injury other than workers compensation?

    For example, paramedics or police who are inflicted psychiatric injury from witnessing traumatic scenes can possibly get compensation through workers compensation but is it possible to get it from somewhere else? Like suing people? For example a negligent driver causing so much devastation and...
  4. A

    VIC Loss of Future Earnings - 40% decrease criteria satisfied

    Any answers & thoughts would be appreciated... Scenario: 1. Injury caused a permanent decrease in potential earning capacity greater than 40% 2. 98C IB claim lodged 3. IB Assessment determines 30% permanent impairment Agent fails to issue Notice of Impairment. Time allowed has expired. Claim...
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    WA Claiming Workers Compensation Using Union Lawyer?

    I have lodged a Workers Compensation Claim and in the process of hiring a lawyer. What would be the pros and cons of using the law firm available through the Union? Aside from no fees (win or lose).
  6. M

    VIC Bullied harassed threatened and unfairly dismissed and now mental illness because of it

    Did my back at work then got threatning phone calls from my boss which I have witnesses for, didn’t pay me for 6 weeks and used my sick days and denied annual until workcover were involved and excepted my claim, was meant to be on light duties when I went back to work but I was segregated all...
  7. G

    WA Crashed into Employer's Unmarked Chain - Workers Compensation?

    Our company has a security chain that is placed across the driveway to keep out people parking in our company at night. Procedure was the last one out puts up the chain. I normally leave at 5pm but worked back till 6pm. In the evening light, the security chain was not visible as it is not...
  8. N

    NSW Do I Have to Cover Contractor's Workers Compensation?

    Hello, I want to hire an independent contractor to manage research field trials. Our company is registered in NSW and the contractor has his business in QLD and will perform the trials in QLD. I know contractors have to organise their own insurance but I have read in some states the client...
  9. 9

    WA Received no pay for 3.5 months workers compensation

    Hi everyone back in 2014 i sliped in my car wash bay and ruptured my disc. I went to the doctors straight away which they confirmed. I didnt receive my weekly wages for 3.5 months. They ended up paying me in a lump sum which was heavily taxed i also didnt recive any overtime or pay outs i went...
  10. L

    NSW Can I Terminate Employee on Workcover?

    Hi I have an employee currently on workers compensation claim. The employee has no intention to come back to our workplace and the doctor recommends to find an alternative work place. I would like to get the employee off my books and have workcover take over the direct payments, since the...