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Personal Injury at Work 2 Years Ago

Discussion in 'Personal Injury Law Forum' started by Chippy boy, 12 March 2015.

  1. Chippy boy

    Chippy boy Active Member

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    Hi, I'm just looking for some legal help. About 2 years ago, I tripped over a scaffold bar in work, fell and shattered my elbow, had an operation, they put wires in to hold it back in place and I was out of work receiving work cover personal injury payments for about 10 weeks. I returned to work and slowly got back to normal but now I'm starting to get extreme pain in my elbow, really uncomfortable and I don't know what to do. Am I able to get treatment of some sort under Workcover, or some type of compensation for the fact that I'm going to have to live with this now for the rest of my life?
     
  2. Ivy

    Ivy Well-Known Member

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    When said you were receiving Work Cover, are you referring to the NSW scheme? If so, here is a link to their page that describes eligibility for receiving a lump sum payment for permanent injury: Permanent impairment claims - Workcover
     
  3. Chippy boy

    Chippy boy Active Member

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    No I'm in Victoria. As far as I'm aware you need to have %30 disability from ur injury to receive lump sum? Which I don't have. I have pain. I need physio and pain mess or something, maybe X-rays. I suppose what I'm asking is can I go get my arm checked out and workcover will pay for it? Even tho I've been off workcover for 2 years?
     
  4. Ivy

    Ivy Well-Known Member

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    Hi again,

    Which insurance scheme were you claiming under? Work Safe Victoria? Injury & Claims
     
  5. Chippy boy

    Chippy boy Active Member

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    Yes work safe Victoria
     
  6. Ivy

    Ivy Well-Known Member

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    When you make an application for a lump sum payment for a permanent disability, Work Safe will send you for an Impairment Assessment and your injury will be assessed against standard criteria and given a percentage called the degree of impairment.

    Do you have reduced movement in your arm or elbow? This is the sort of thing that may be classified as a permanent injury. There is more information on the Work Safe website: Permanent Impairment Benefits Based on the information you have given me, if you have pain in your arm, you may not be classified as having a permanent injury.

    However I suggest that you call Work Safe and have a chat to them about your situation and possible ways that you can bring a Work compensation claim to pay for medical costs associated with rehabilitating your elbow: Advisory Service

    Depending on how and why you now have pain in your elbow, you may be eligible to receive more compensation payments.

    Let us know how you go after speaking with Work Safe.
     
  7. TPD_Awareness Australia

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    Hi Chipper Boy,

    If the injury becomes so bad you can't work you can claim TPD on top of any claims you have. Many people think these claims will effect their superfund account balance. They do not. In fact many ppl will access their account balance at the same time and have both paid out.
     

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