The specifics of individual claims for Workers Compensation vary considerably in each State or Territory of Australia . In fact the definition of a "Worker" in relation to workers compensation claims, has recently changed in various States or Territories.

For example in Queensland now, a "worker" is someone who is based solely on a contract of service.

Under this definition, there is no requirement for a worker to be a PAYE taxpayer. PPS taxpayers and those who have nil tax deductions will no longer be excluded automatically from workers' compensation coverage.

The term "worker" is very broad. It covers not only full-time workers paid by wages or salary but also part-time casual, seasonal workers and workers on commission and workers who receive payment in kind. A "worker" includes a person whose work is governed by an industrial award or agreement.

Using Queensland again as example, and as at 1st July last year (1999), your employment must be 'a significant contributing factor' causing an injury for you to be entitled to workers compensation.

Personal injury includes:

• a cut or fracture;
• disease (e.g. asbestosis, Q-fever);
• aggravation of a pre-existing condition;
• industrial deafness (loss of hearing);
• psychiatric or psychological disorder;
• death from injury, disease or aggravation of a disease.

Personal injury does not include damage to articles of clothing or jewellery. It does include damage to or destruction of assistive devices (e.g. spectacles) or prostheses (e.g. artificial limbs) if they are being used for the purpose for which they are intended at the time they were damaged or destroyed.

The information above is supplied courtesy of Workcover (Queensland).

If you have been injured at work, you probably have already received Workers Compensation or WorkCover Benefits. But many people don't know they may also be entitled to claim for 'damages' if the injury resulted from their employer's negligence.

In Queensland, you may have the right to claim 'damages' compensation, in addition to the benefits you received from WorkCover, but you could lose this right by signing documents to accept lump sum payments. You should not sign any documents for such offers, without first consulting a Personal Injury Lawyer, who has the knowledge and experience to assist you in this important decision.

For your assistance and general understanding of entitlement, we have included in our "Reference Library" a link to every Workcover authority in Australia. However, the rules and regulations governing Workers compensation are in-depth and at times complex.

Should you have experienced or be experiencing any problems with a Workers Compensation claim, then we suggest seeking professional advice from a Personal Injury Lawyer experienced in this area. Once again, time and entitlement limitations do exist and delays to make contact should be minimal. A day's delay can be too late in many circumstances.

The Workers Compensation Act provides severe penalties (including fines and imprisonment) for the making of false Workers Compensation claims.

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