NT WorkSafe Workers Compensation Claim

Workplaces can be dangerous. Some industries are more dangerous than others, leading to a higher rate of workplace injuries. The law recognises that workers should receive compensation if they are injured on the job. A worker in the Northern Territory who suffers an injury may have a claim under the federal scheme (Comcare) or the Territory compensation scheme (NTWorkSafe). These different schemes have their own rules and regulations depending on how, where and when the worker sustained the injury. It is essential for a worker to seek legal advice without delay as strict time limits apply to compensation claims in the Northern Territory.

In the Northern Territory, workers’ compensation schemes are regulated through the Return to Work Act 1986 and the Return to Work Regulations 1986. The Northern Territory recently passed amendments to these laws to improve the operation of the WorkSafe Workers’ Compensation Scheme. This legislation creates a no-fault workers’ rehabilitation and compensation scheme in the Northern Territory. This means that it is not necessary for a worker to establish that their employer was negligent, and any negligence on the part of the worker is irrelevant to their right to compensation. When a worker suffers injury or disease in the course of their employment, they may be entitled to medical expenses, income maintenance while away from work, rehabilitation treatment, and assistance to return to the workforce. Additionally, when there is a fatal accident in the workplace, the worker’s family may be entitled to income maintenance or a lump sum compensation payment.

Eligible injuries

Typically, workers’ compensation schemes in the Northern Territory compensate for:

• Physical injuries;
• Psychiatric injuries;
• Diseases (such as black lung or asbestosis); and
• Hearing loss.

Broadly speaking, an injury or condition is eligible under NTWorkSafe if it occurred at the workplace, as a result of the work duties, or during the commute to or from work. Workplace bullying or sexual harassment can also cause psychiatric injury. Even if a worker had a pre-existing injury, they might be able to claim under NTWorkSafe if the employment aggravated the condition or injury.

Time limits and timelines

It is very important to note that there are strict time limits that apply to workers’ compensation claims in the Northern Territory. A worker can lose their entitlement to assistance and compensation if they claim too late. Given the financial stress that often accompanies a workplace injury, it is also important to move swiftly so that a worker receives their compensation as soon as possible. For these reasons, it is best for injured workers to seek advice as soon as they possibly can after there are injured or receive a diagnosis related to their employment.

Once a worker lodges a claim through NTWorkSafe, their employer or insurance company has ten business days to accept, defer or reject a claim. If a claim is accepted, the duration of the claim process depends on the nature of the injury and the worker’s recovery. A claim does not close until the worker has received appropriate medical treatment and rehabilitation, and their injury is deemed to be stable. In the case of some injuries, it can take a period of several years before an injury is deemed to be stable.

Compensation

A worker who has a valid workers’ compensation claim is entitled to lost wages while they are unable to work. The worker is also entitled to reasonable medical, pharmaceutical, treatment and rehabilitation expenses (and associated travel costs). Additionally, a worker may be able to claim compensation to account for:

• Lost earning capacity;
• Current and future medical expenses;
• Current and future treatment and rehabilitation expenses;
• Out-of-pocket travel, pharmaceutical and equipment expenses;
• Paid care or assistance (e.g. carers); and
• House and vehicle modifications.

When an injury prevents a worker from returning to their usual position or occupation, they may also be entitled to payments through their superannuation insurance.

Rejected claims

If a worker’s NTWorkSafe claim is rejected, he or she has a limited period of time to have a decision reviewed. It is important to get legal advice to understand the appeals process and available options. While some workers’ compensation claims are straightforward and are resolved quickly, other claims are complicated or subject to dispute.

It is vital that you consult a lawyer before making a workers’ compensation claim in the Northern Territory. Each claim differs according to the specific injury and worker’s circumstances. The best course of action is to speak with Go To Court Lawyers for an assessment of entitlement. Getting legal advice can provide peace of mind and ensure that you receive your entitlement as soon as possible. Our solicitors can help ensure you receive your full entitlement, including under a civil personal injury claim. For help with your Northern Territory worker’s compensation claim, or any employment law issue,  contact our team today on 1300 636 846.

Related Law Topics

Unfair Wills

Unfair Wills Victoria A testator should leave a will that is reasonable and fair-minded and which adequately provides for their family members and dependents. When a person leaves an unfair will, certain people are eligible to make a Testator’s Family Maintenance Claim to the Supreme Court of Victoria. This article explains ....

Posted in:

Wills, Estates & Deaths

Getting a Grant of Probate (Qld)

Getting a Grant of Probate in Queensland (Qld) When a person dies with a valid will, the executors will usually apply for a grant of probate. Probate is when the Supreme Court officially recognises the will as legally valid and gives the authority to the executors to start administrating the ....

Posted in:

Wills, Estates & Deaths

Probate in NSW

If you die in New South Wales and you have made a valid will under the Succession Act 2006, the person named in your will as your executor will apply to the Supreme Court of New South Wales for probate of your will. Probate is the process of proving a person’s will. It ....

Posted in:

Wills, Estates & Deaths

Intestacy in the NT

When someone passes away in the Northern Territory without making a will, their estate is subject to the law of intestacy in the NT. The intestacy provisions of the Administration and Probate Act 1969 apply to anyone who died leaving no valid will or died leaving property not covered by ....

Posted in:

Wills, Estates & Deaths

Power of Attorney in South Australia

Power of Attorney in South Australia A power of attorney in South Australia is a legally binding document which gives someone the power to act as your agent and make decisions on your behalf. In SA, the document is referred to as a ‘Deed’, the person making the power of ....

Posted in:

Wills, Estates & Deaths

Letters of Administration In Brisbane

Letters of Administration In Brisbane In Brisbane, the Supreme Court issues Letters of Administration when someone passes away intestate (without a will), partially intestate, or when there is no executor willing or able to apply for a Grant of Probate. This article outlines the circumstances when it is necessary to ....

Posted in:

Wills, Estates & Deaths

Grants of Probate and Letters of Administration

Grants of Probate and Letters of Administration Grants of Probate and Letters of Administration are both forms of authorisation from the Supreme Court in relation to deceased estates, however, they are required under different circumstances. When a person dies with a valid will, it may be necessary for the person named as executor ....

Posted in:

Wills, Estates & Deaths

Testamentary Capacity

Testamentary Capacity A person who makes a will in Australia must have the requisite testamentary capacity. If there are doubts about the testamentary capacity of a testator, the will can be challenged. If the court finds grounds to invalidate a will, it will disregard the wishes set out in the ....

Posted in:

Wills, Estates & Deaths

Removing an Executor (WA)

Removing an Executor (WA) When a person makes a will, they assign an executor to administrate the deceased estate. The choice of executor is crucial, as the role can be complex and demanding. The executor must competently administrate the estate while acting in the beneficiaries’ best interests. Sometimes, a beneficiary needs to lodge a complaint ....

Posted in:

Wills, Estates & Deaths

Making a Will (NSW)

Making a Will (NSW) Making a will in New South Wales involves making a written declaration describing how your property will be disposed of after your death. This allows you to leave your assets and any other possessions to which you are entitled at the time of your death to ....

Posted in:

Wills, Estates & Deaths

Disputing a Will in Sydney

Disputing a Will in Sydney There are two different ways of disputing a will in Sydney. Someone can challenge a will because they doubt the validity of the document, or someone can contest the distribution of the assets contained in the will on the grounds that it is unfair. This ....

Posted in:

Wills, Estates & Deaths

Administrative Review in Queensland

Administrative Review in Queensland In Queensland, people often speak about “challenging” or “contesting” a will. A will can be challenged or contested when a person doubts the validity of the will, or when they are unhappy with the bequest left for them under the will and wish to seek more ....

Posted in:

Wills, Estates & Deaths