If you have been injured at work your entitlement to receive compensation is governed by the Workers’ Compensation and Injury Management Act (“the Act”).

Under the Act you are eligible to receive various types of benefits including:

• Weekly payments of compensation for loss of wages whilst you are medically certified unfit for work.


• Payment of treatment expenses.


• Payment of other expenses including rehabilitation and travel expenses.


• At the conclusion of the claim after medical stabilisation of injury (unless you have fully recovered) you will be eligible to receive a final lump sum payment in settlement of the claim.

The benefits payable under the Act increase on 1 July of each year and are published by WorkCover in a document known as “Variations in Prescribed Amount and Other Workers’ Compensation Payments”.

Click here to view the current prescribed amount tables effective 1 July 2008.

In the vast majority of claims after the workers’ injury has stabilised the compensation claim is finalised by the insurer paying a final lump sum payment to the worker.

The amount of the final lump sum payment varies from case to case and depends largely on the severity of injury and the extent to which the injury prevents the worker from returning to work.

Tony Separovic specialises in:

• Advising clients as to the appropriate amount for which a claim should be settled.


• Conducting negotiations on behalf of clients which are undertaken with the insurer’s solicitor and claims officer.

For work accidents sustained after 14 November 2005 a worker may receive a larger final lump sum payment if the worker is eligible to proceed with a common law negligence claim.

A worker will only be permitted to proceed with a negligence claim against the employer if the worker is certified as having in excess of a 15% permanent impairment and numerous other legislative requirements have been complied with.

In particular there exists what is known as a “termination date” with respect to any potential common law negligence claim. The termination date is twelve (12) months and runs from the date the worker lodges the claim form.

Before the termination date expires the worker MUST obtain a permanent impairment assessment from a properly certified medical practitioner otherwise the potential right to bring a negligence claim against the employer is abolished.

Separovic and Associates will make all necessary arrangements with regard to securing a permanent impairment assessment.

Tony Separovic will in particular advise the worker as to whether he/she will be eligible to proceed with a negligence claim.

If the injury at work was caused or contributed to by the negligence of another party (not the employer) then for injuries sustained after 14 November 2005 the worker will be entitled to proceed with a common law negligence claim without the need to secure a 15% permanent impairment assessment.

It should be stressed that the law dealing with work accident is extremely complicated and a worker should seek legal advice as soon as possible following the work injury and in any event well before the termination date expires.

It is recommended you seek legal advice:

• Well before the expiration of the termination date.


• As soon as possible after the accident.


• Before accepting any offer of settlement made by the insurance company.


• For accidents after 15 November 2005 before the three (3) year statute of limitation period expires after which any potential negligence claim against a “third party” (not the employer) will be abolished if legal proceedings have not commenced in the District Court.


• Before signing any Statement dealing with the accident circumstances.

Click here for more detailed information regarding bringing a compensation claim for a work related injury.