Australia’s two million casual employees may not be entitled to the same annual and long-service leave benefits as their full-time or part-time colleagues, but casuals are entitled to compensation if injured at work. The RMB Compensation Division explains:
Casual employees are entitled to the full range of benefits which exist under the Workers Compensation Act 1987.
If you are a casual employee and suffer psychological of physical injuries due to a specific event at work or the nature and conditions of your employment generally, then you should notify your employer, manager, supervisor or human resources team as soon as you become aware of the injury.
You should arrange a consultation with a general practitioner and report the circumstances of your employment; the circumstances of your injury; and all symptoms you are experiencing.
If your doctor certifies you as partially or totally unfit for any employment, they should complete a WorkCover Certificate of Capacity. Unlike the general medical certificate you may get when you are unwell, the specific WorkCover Certificate of Capacity is more comprehensive, setting out the work you do, cause of the injury, diagnosis, physical work restrictions and on-going treatment you may require.
This should be given to your employer without delay, so that it can be registered with the appropriate insurer. The insurer will then assess the claim to determine liability.
While a workers compensation claim is not contingent upon seeking the advice from a specialised personal injury solicitor, it helps you gain a clear understanding of the claim process, future entitlements and additional claims which may be available to maximise the benefits.
The fee for preliminary advice from a personal injury solicitor at RMB Lawyers is covered by a grant of funding from the Independent Review office.
If it has been determined that you have suffered an injury during the course of employment, then the benefits which may be available include:
- Weekly income loss benefits representing either 95% or 80% of your pre-injury average weekly earnings;
- Medical benefits, where the cost of treatment is paid for by the insurer. This may include consultations with general practitioners, psychologists, specialists, pain medication, surgery fees, hospital admission fees and the cost of travel to and from doctor’s appointments;
- In some cases, there may also been an entitlement to make a claim for a lump-sum tax-free payment of compensation representing your permanent impairment.
If you or a family member are a casual worker and are concerned about your entitlements, your first step should be to contact our office to arrange a free consultation. You can contact us by by phone or our 'Ask a Question' tool on our website. It costs nothing to ask us about your rights.