Unable to Work Due to Injury? Your Rights.

30 June 2023

Injury and Rehabilitation, TPD / Superannuation, Workers Compensation

We all encounter injury and illness at unexpected times throughout our lives. But when you’re unable to work due to injury or illness it can be really stressful. Dealing with uncertainty about the future, on top of financial pressures, can make it infinitely harder to focus on your own well-being.

The good news is, whether you’re unable to work because of injury, illness, or mental health, and regardless of whether it’s work-related or not, there’s a range of compensation benefits and lump sums that may be available to you.

This article will guide you through:

What payments you may be able to claim, including any lump sums
How to find out how much you can claim
How to get help with your claim

Unable to work due to injury or illness – what you need to know.

If you’re unable to work due to injury or illness, it’s likely you’re in one of the following four situations, all of which may qualify for compensation or lump sum payouts. Click on a heading to jump straight to that section of this article.

1. You can’t work because of an injury that happened at work.

Australian states have no-fault workers compensation schemes that pay you compensation if you’re injured at work. However, many people develop injuries over time, and there are additional lump sums that often go unclaimed.

2. You can’t work because of an injury that happened outside work.

There’s a range of situations where you can claim compensation for an injury outside work. Most people are aware of car accident compensation, but you may not know about some of the other forms of compensation available.

3. You can’t work because of an illness.

If an illness has stopped you from working, your compensation options will depend on whether your illness was caused by your work. Learn about compensation for work-related illness here, or for non-work-related illnesses that stop you from working read the section on TPD payouts.

4. You can’t work because of a mental health issue.

Mental health problems can be work-related, caused by other issues, or a combination of both. For more information, refer to our article on being unable to work due to mental health.

I can’t work because of an injury or ilness that happened at work. What can I claim?

Some professions are at higher risk of injury than others, like manual labourers, trade workers and police officers. But injuries can happen in any job, including office jobs. If you’re unable to work due to an injury that happened at work, you can make a workers compensation claim to cover your lost wages, medical bills, and in some cases lump sum payments.

Workers compensation covers you for both physical and mental injuries, so if you’re unable to work due to depression, anxiety, PTSD, or any other mental illness then you can still make a claim.

Tip: Many people who claim workers compensation fail to get their full entitlements, for three main reasons:

They only claim for the ‘obvious’ injury, whereas they could claim for other health issues caused by the initial injury (eg a leg injury can cause a limp and lead to back problems).
The insurer denies part of their claim (such as particular treatment or surgery) and they don’t challenge the insurer’s decision.
They fail to claim lump sums they’re entitled to on top of their weekly benefits, often because they don’t know about them. Depending on your location and your job, these may include lump sums for permanent impairment, pain and suffering, and work injury damages.

To find out more about your full entitlements you can call 13 15 15 and get free legal advice from a specialist workers compensation lawyer.

I can’t work due to an injury that happened outside work. What options do I have?

Compensation and lump sum payments may be available to you if you’re inured:

In a motor vehicle accident, as a driver, rider, passenger or pedestrian, including on public transport.
In a public place like a supermarket or shopping centre, for example in a slip and fall.
Through medical negligence – for example, if you weren’t diagnosed correctly and your treatment was delayed.

The key to making a successful compensation claim for an injury that happened outside work is to find a lawyer who specialises in claims similar to yours, and who will take the time to get to know you and your family personally to make sure the full impact of your injury is taken into account.

If none of the above situations apply to you, then you may still be able to claim a TPD lump sum, described in the next section.

Call 13 15 15 or chat to us now for free advice

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Find out how much you can claim.

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For many Australians, the answer to this question is ‘yes’. If you’ve ever had a superannuation account, then it’s likely that you have a Total and Permanent Disability (TPD) cover built in. This is an insurance policy that generally pays you a lump sum if you’re unable to work for three months or more due to any illness or injury, regardless of whether it’s work related. A TPD claim may cover you for:

Being unlikely to be able to return to work in your occupation
Being unlikely to be able to return to work in any occupation

TPD claims require thorough application process. If you’re not sure if you’re covered or where to start, you can call 13 15 15 and we’ll check your entitlements and give you free legal advice. Law Partners have specialist TPD lawyers in Sydney and Melbourne ready to help. And if you’re entitled to compensation, Law Partners can fund all the medical reports needed to support your TPD claim.

For more information, read our TPD payouts guide.

How much can I claim?

You can call 13 15 15 and a compensation lawyer who specialises in claims similar to yours will explain your entitlements based on your personal situation.

One way to get an indication of payout amounts is to look at past claims like the two in the stories below, or you can read more in our guide to compensation payouts.

Successful compensation claims.

A successful workers compensation claim can change lives. Nurse Regina was assaulted by a patient at work, but when it became clear that she wasn’t going to make a full recovery, her workers compensation claim led to a TPD claim which has changed everything for her.

Regina's story

I was assaulted at work

Former nurse Regina suffered a horrific work assault that turned her world completely upside down. Her drive to regain control of her life is nothing short of inspiring.

Getting help with your claim.

Being unable to work because of an injury or illness can impact every part of your life, but there’s a wide range of compensation options that may be available to you. Law Partners is Australia’s largest specialist personal injury firm, and we’re here to help. Our no win no fee lawyers get to know you personally, and we win over 99% of our cases.

Robert Hopper

Managing Solicitor

An accredited specialist in personal injury law, backed by over 15 years’ experience in assisting injured Australians receive everything they’re entitled to with their workers compensation claim.