Compensation For Injuries

Before assessing whether an employee has suffered a work related injury or disease, some form of 'loss' or cost from medical treatment must have been incurred.

There is no point in a claim for compensation being made where no loss or cost has resulted from an injury.

Section 14 (1) of the Act says:

“...Comcare is liable to pay compensation in accordance with this Act in respect of an injury suffered by an employee if the injury results in death, incapacity for work, or impairment.”

Usually with claims for compensation, at the very least, medical expenses have been incurred.  Section 16 (2) of the Act provides that reimbursement of costs can be made without any 'loss' occurring.

Forms of 'loss' include:

• time away from employment;

• some form of impairment resulting from the injury; and

• death.

Finding liability does not automatically result in endless entitlements under the Act.  Each later claim for a medical expense or incapacity must be considered on its own merits before payment is made.

However, later claims made in connection with the compensable condition will invariably tie back to the primary, or initial, liability decision.  It is therefore imperative to be as precise as possible regarding the injury.