The WorkCover laws state that injured workers can receive weekly payments until they reach 65 years of age. With it becoming more common to work past 65 what does that mean for WorkCover entitlements?
There are some scenarios in which weekly payments can be extended and they are as follows:
• If you are injured within 130 weeks of reaching 65 years of age you have an entitlement of up to 130 weeks of weekly payments.
• If you work beyond the age of 65 and make a WorkCover claim you also have an entitlement to weekly payments for up to 130 weeks.
• If in the 10 years prior to turning 65 you received WorkCover weekly payments for an injury, and receive hospital in-patient care for the same injury after 65, you may be entitled to receive weekly payments for up to 13 weeks.
Entitlements to reasonable medical and like expenses and lump sum compensation such as Impairment Benefits or Common Law Damages continue to exist if you reach retirement age or weekly payments cease.
The WorkCover scheme is now governed by the Workplace Injury Rehabilitation and Compensation Act 2013. This applies to all work injuries sustained on or after 1 July 2014. It is important to note that the rights and entitlements of workers remain the same despite this change.
Maurice Blackburn Lawyers are always available to provide advice and information to TWU members in regard to WorkCover matters. In the first instance always ask your organiser or call the TWU directly.
Don’t forget Maurice Blackburn also provides free first consultations, and No Win No Fee* to all TWU members and their families across a range of areas including: Road Accidents/TAC, WorkCover, Medical Negligence, Asbestos Diseases, Public Liability, Faulty Products, ComCare, Will Disputes, Superannuation and Insurance Claims and Class Actions.