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TAS Can Mother Claim Workers Compensation?

Discussion in 'Employment Law Forum' started by Smiley, 15 April 2016.

  1. Smiley

    Smiley Well-Known Member

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    Hello,

    Will my mother get anything if a workers compensation claim is lodged?

    We do not know much about workers compensation and how it operates. By way of reference, my mother does not have income protection insurance.

    My mother works casually in aged care which involves driving to various clients assisting with their needs in Tasmania. Whilst driving from one client to another, she had a black out / memory loss and ended up on the other side of the road. Luckily there was no traffic and she did not hit anything.

    My mother went to see her doctor who initially put in writing she was not allowed to drive for a few days whilst he conducted some blood tests, etc. Upon receipt of these tests, he wrote my mother was not allowed to drive until further notice as he is required to undertake more tests as the first were inconclusive. The doctor advised this could take a number of weeks or months. This was the best time frame the doctor could advise at present.

    As my mother lives in country Tasmania, there is no public transport (aside a small taxi service) which essentially means my mother is unable to work as it involves driving from client to client. Not working obviously means she is missing out on paid employment.

    My mother texted her manager and asked if she should put in a Workers Compensation claim as she does not know what it actually involves (nor do I) but a few of her colleges advised she should. My mother received a text back advising she is unable to claim.

    I assume any party can lodge a claim for workers compensation, but if my mother did, we are not sure what she would actually be claiming?

    Regards
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Smiley,

    I would get her employer to provide the reasons why they say a claim cannot be made.

    To claim workers compensation in Tasmania, a person must be considered a "worker", by the Act. A worker is defined as a person who has entered into, or works under, a contract of service or training agreement. The contract with the employer can take many forms and still be binding; for instance, it may be express or formal (in writing) or implied (oral).

    WorkCover covers injuries that occur in the course of your employment, which I assume in your mother's case would include driving from client to client. Is she paid for those hours that she is travelling?

    There are essentially two types of WorkCover Claim that can be made. Your mother's claim will likely be limited to a statutory claim which enables her to receive weekly benefits to compensate her for the lack of pay that she is receiving since she is unable to work. This may also entitle her to a lump sum payout if she has a permanent impairment as a result of the injury. However since her employer was not responsible for the incident, then she could not pursue a common law claim.

    Check this out for more info:

    http://worksafe.tas.gov.au/__data/a...Guide_to_Workers_Compensation_in_Tasmania.pdf
     
  3. Smiley

    Smiley Well-Known Member

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    Hi Sophea,

    Thanks for your response. The information provided is appreciated (I just returned from holidays hence my late acknowledgement!)
     
  4. Serge Gorval

    Serge Gorval Well-Known Member

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    Lodge the claim!
     

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