You injured yourself at work. Perhaps you lodged a workers compensation claim and received weekly payments. Perhaps the claim ended years ago. Maybe you are even back at work and trying to move on.

So that is the end of it?

For many people, the answer is yes.

But not always.

One of the biggest misconceptions injured workers have is believing that workers compensation is the only compensation available after a workplace injury. In reality, depending on how your injury happened, how serious it is and the ongoing effect it has had on your health, work and future, there may be other claims available — sometimes substantial ones — that people simply do not know about.

Importantly, this can still be the case even if you have returned to work.

Many injured workers assume that because they are no longer receiving weekly payments, have resumed normal duties or appear to be “back to normal”, there is nothing more they can claim. Others simply get on with life, quietly managing pain, restrictions or ongoing treatment without ever asking whether the injury may have affected them more significantly than they first realised.

Yet workplace injuries often have consequences that continue long after a workers compensation claim appears to be over.

You may still be working but avoiding heavy lifting. You might no longer be able to comfortably work overtime or sustain the same physical pace you once did. You may have ongoing pain, reduced mobility, permanent impairment or the uncomfortable feeling that your body is simply not what it was before the injury.

In some cases, those ongoing effects may give rise to additional compensation entitlements — through a damages claim, superannuation insurance or other legal avenues that many people are never told about.

What Does Workers Compensation Actually Cover?

Workers compensation plays an important role in helping injured workers recover and return to work. It can provide weekly income support when you cannot work, cover treatment expenses and assist with rehabilitation.

What many people do not realise, however, is that workers compensation is not designed to compensate someone for the full long-term effect of a workplace injury.

For example, while workers compensation may assist with lost income for a period of time, it does not necessarily account for what happens if your injury affects your ability to earn money over the next ten, twenty or thirty years. Nor does it generally compensate you for the loss of superannuation contributions while you are off work, the personal impact of living with pain or the long-term effect an injury may have on your enjoyment of life.

For someone with a lasting injury, those things can matter enormously.

A carpenter with an injured shoulder may technically return to work, yet no longer be able to comfortably perform overhead tasks, work long hours or continue in the trade until retirement. A nurse with a back injury may still work but struggle with lifting requirements and quietly question how long their body can keep going. An office worker with psychological injuries or chronic pain may remain employed while finding work far more difficult than before.

These are the kinds of situations where workers compensation may not necessarily tell the whole story.

The important question becomes:

“Has this injury affected my future more than I first realised?”

Can I Claim Compensation If Someone Else Caused My Workplace Injury?

Sometimes, yes.

If somebody other than your employer caused or contributed to your injury, there may be a separate claim for damages available in addition to workers compensation.

This is one of the most commonly overlooked aspects of workplace injuries because many people understandably assume that once an injury happens at work, everything falls under workers compensation and that is the end of it.

But workplace injuries are not always caused by an employer.

A worker injured in a motor vehicle accident while travelling for work may have a claim arising from the negligence of another driver. A tradesperson injured because another contractor acted unsafely on a worksite may have rights beyond workers compensation. Someone hurt by defective machinery, unsafe premises or the negligence of another business may also potentially have an additional claim.

Importantly, this type of claim is not restricted to workers who are seriously injured. Even where an injury is relatively moderate, a claim may still exist if another party’s negligence caused or contributed to what happened.

Can I Claim Against My Employer For A Work Injury?

In some circumstances, yes.

Where an employer has failed to provide a safe workplace, proper systems of work, adequate training, suitable equipment or otherwise acted negligently, an injured worker may potentially have a claim for damages.

However, these claims are generally limited to workers who satisfy the threshold of being considered seriously injured.

This is often where people incorrectly rule themselves out.

Many workers hear the phrase “seriously injured” and assume it refers only to catastrophic injuries or situations where someone can no longer work at all. In reality, the assessment can be far more nuanced than that.

Some people continue working despite a permanent impairment. Others return to work but can no longer comfortably do the same duties, physically demanding work or overtime they once managed. Some simply adapt, work through the pain and carry on because financially they feel they have little choice.

Returning to work does not automatically mean you have no claim.

Every case turns on its own facts, and whether someone meets the relevant threshold often involves a detailed assessment of the ongoing impact of the injury.

What If I’ve Gone Back To Work?

This is one of the biggest reasons people overlook potential claims.

Many injured workers assume that once they have returned to work — particularly on normal duties — there is nothing more to explore.

That assumption can be wrong.

A person may be back at work and still have a permanent impairment or ongoing symptoms that continue to affect their life in meaningful ways.

You may be coping, but no longer able to do overtime. You may avoid particular tasks because of pain or reduced strength. You may feel physically exhausted by the end of the day, need medication to manage symptoms or quietly wonder whether you can realistically continue in the same role for another decade.

Sometimes the effects are subtle.

A person may outwardly appear fine while privately living with restrictions that influence the kind of work they can do, their future earning capacity or how long they are likely to remain in the workforce.

These are precisely the kinds of situations where legal advice can be worthwhile because the consequences of an injury are not always obvious at first glance.

What Compensation Can A Damages Claim Include?

Where a damages claim is available, it may provide compensation for losses that workers compensation does not fully address.

One of the most significant differences is future economic loss — in other words, the long-term financial effect of an injury on your ability to earn income.

If your injury means you can no longer perform your previous occupation, limits promotion opportunities, reduces overtime, forces you into lower-paid work or shortens your working life, those financial consequences may potentially be compensable.

There may also be compensation for lost superannuation, which is something many injured workers are surprised to learn is generally not paid while receiving workers compensation weekly benefits.

Depending on the circumstances, compensation may also be available for future treatment expenses, particularly where injuries require ongoing physiotherapy, medication, surgery, pain management, specialist treatment or psychological support.

And in some cases, compensation may also extend to the personal effect the injury has had on your life — the things that do not easily fit on a payslip but nonetheless matter greatly: the hobbies you can no longer enjoy, the sports you gave up, the family activities that became harder or the daily discomfort that simply became your “new normal”.

Could I Also Have A TPD Claim Through My Superannuation?

Possibly — and many people have no idea this even exists.

A large number of Australians have Total and Permanent Disability (TPD) insurance attached to their superannuation fund, often automatically and without ever realising it.

A TPD claim is completely separate from workers compensation.

You can potentially receive workers compensation and still have a TPD claim. In some cases, people may even have insurance attached to more than one superannuation account, meaning there could potentially be multiple claims.

Importantly, “total and permanent disability” does not necessarily mean what many people think it means.

You do not have to be permanently bedridden or incapable of doing any work whatsoever.

In many cases, eligibility depends on whether the injury prevents you from returning to the type of work you are reasonably suited to based on your education, training or experience. The wording differs between policies, which is why assumptions can be dangerous.

A tradesperson who can no longer safely perform physical labour, a nurse unable to continue clinical duties or a worker living with chronic pain may potentially have a TPD entitlement — even if they are still working in some capacity.

This is another area where many people miss out simply because nobody told them to look into it.

What If My Injury Happened Years Ago?

Do not assume you are too late.

In many cases, there is a three-year time limit to bring a damages claim relating to a workplace injury. However, claims often involve medical evidence, investigations and procedural steps that need to occur before proceedings can properly commence, which means delaying can create unnecessary risks.

At the same time, if your injury happened more than three years ago, do not automatically assume your rights are gone.

It is sometimes possible to obtain an extension of time, depending on the circumstances. These situations can be complex, however, and urgent legal advice is important.

TPD claims can also involve evidentiary issues and policy requirements that make it worthwhile obtaining advice sooner rather than later.

Injured At Work? Workers Compensation Might Not Be The End Of The Story

Many people simply assume workers compensation is all they can claim.

Sometimes that is true.

But not always.

Even if you have gone back to work, your injury may still have affected your future earning capacity, left you with a permanent impairment or given rise to legal entitlements that nobody has explained to you.

At Websters Lawyers, our experienced personal injury and workers compensation lawyers can assess whether there may be other compensation available, including damages claims and superannuation TPD entitlements.

We offer a free initial consultation so you can understand your options in plain English and find out where you stand.

If you have suffered a workplace injury — even if it happened some time ago or you have already returned to work — contact Websters Lawyers today.