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Question
Posted by: Sharon | 2009-01-22

Workmans Compensation

Hi

Last year May I got hurt at work. I reported the incident immediately and the following day only I could go and see a doctor. The doctor booked me off for two weeks because I tore the ligament in my ankle. I was only paid 75% of my salary for that month but my employer claimed an amount from the Workmans Compensation Fund. I did not receive any compensation from my employer or the fund. I called them to enquire about this and they advised that I should get a second report from my doctor regarding this and then they will pay only the doctor' s fees that I incurred. But what about the 25% of my salary that I lost and I heard from other people that I can also claim for pain and suffering and that I should not just be getting the doctors fees. Why did my employer have to get anything as they did not employ some one in my absence?

me

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Our expert says:
Expert ImageLabour lawyer

RE: WORKMENS COMPENSATION

You need to contact the Workmens Compensation Commissioner in order to assess exactly what the situation is.

The information provided does not constitute a diagnosis of your condition. You should consult a medical practitioner or other appropriate health care professional for a physical exmanication, diagnosis and formal advice. Health24 and the expert accept no responsibility or liability for any damage or personal harm you may suffer resulting from making use of this content.

2
Our users say:
Posted by: sharon | 2009-01-26

CC - Thank you, at least now I know I thought I was " done in" .

Reply to sharon
Posted by: CC | 2009-01-23

The Workmens Compensation fund only pays out 75% of any person' s wage or salary they never refund 100% that is according to the COID Act.

Your employer can only get paid if they have paid your salary direct and in this case you did say that you were paid 75% of your salary i assume its was paid by your employer. Therefore the Workmens Compensation refund your employer and not you because you already received your payment from the employer.

The act work as follows:
The employer pays an annual assessment amount over to Workmens Compensation (which is similiar to an insurance) should any of the staff get injured on duty they can then claim from the Workmens Compensation fund. If the employer paid you while you were off sick due to injury on duty then the Workmens Comp. refund the employer as you cannot get paid twice. Workmens Comp pays doctors bills therefore you need to submit the medical bills but pain and suffering is very difficult to claim. They only pay for the loss of income and the expenses incurred due to injury.

Workmens Comp must refund the employer if they have paid you already. The other option was that the employer don' t pay you and you wait anything from 6 weeks to months to get paid direct from the Workmens Compensation fund depending on your claim and documents that needs to accompany it.

Reply to CC

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