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Workers Comp Claim

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annukya View Drop Down
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  Quote annukya Quote  Post ReplyReply Direct Link To This Post Topic: Workers Comp Claim
    Posted: 17/April/2012 at 11:04
Just wanted some clarification regarding a workers compensation claim.

I was suffered a serious accident at work and have been unable to resume ordinary duties for nine months now. Prior to the accident I was earning around $1600 a week however now am receiving only $640 a week while I am still unable to work (statutory amount after 26 weeks).

As I have a mortgage on my house and am the sole provider for my family (wife and kids), the amount I am receiving is not close to enough for us to survive without significantly altering our lifestyle.

In my super fund, there is a provision for a payout due to serious injury/death etc. What I am confused about is whether I can claim this if I am also seeking workers compensation. If I claim the super insurance payout does that mean I no longer qualify to seek damages from workers compensation? Or would I have to pay the initial amount back?

Basically I'm not looking for a huge payout, I just want to make sure my family is adequately provided for and as I'm currently unable to work (with quite a long recovery period) I am unsure what to do.

Any advice would be greatly appreciated.

 

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iconoclast View Drop Down
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  Quote iconoclast Quote  Post ReplyReply Direct Link To This Post Posted: 17/April/2012 at 12:12
Check that if you cash-in the super there is no tax penalty. Shouldn't be if it's specially mentioned in the policy. Best of luck.
not legal advice

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 17/April/2012 at 12:27
The super and the compo claim are two different things.

I believe if the super payout is due to invalidity, there will not be a tax penality, but it may pay to have this checked out and ensure that your super is being paid for that reason.

See a financial planner for assistance.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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avidcyclist View Drop Down
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  Quote avidcyclist Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2012 at 14:54
In my super fund, there is a provision for a payout due to serious injury/death etc. What I am confused about is whether I can claim this if I am also seeking workers compensation. If I claim the super insurance payout does that mean I no longer qualify to seek damages from workers compensation? Or would I have to pay the initial amount back?


My daughter is in a similar situation. From what she has been told if your super fund has disability insurance you should be able to lodge a claim. However if you do receive an amount the workers compensation will be reduced by that same amount. What you would have to do to avoid this is roll over the payout amount into your superannuation.
This obviously would'nt help you on a week to week basis which seems to be your question. Get some good advice

 

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MartinO View Drop Down
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  Quote MartinO Quote  Post ReplyReply Direct Link To This Post Posted: 20/April/2012 at 15:19
Yes you can claim it as well as receiving compo.

Superannuation is a means of supporting yourself due to not receiving an income, while compo. is to compensate you for the injury and the change to your life style due to this injury.

Depending on the type of injury there may be some crossover but not necessarily so.
I am NOT a lawyer. Anything said is NOT legal advice.

Please post your legal questions in a forum rather than sending a PM. Thanks.

 

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southsidelegal View Drop Down
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  Quote southsidelegal Quote  Post ReplyReply Direct Link To This Post Posted: 27/April/2012 at 14:55
Sounds like a serious injury. You may be entitled to considerable compensation especially if the employer was at fault for your injuries. Definitely seek legal advice. Super should be entirely separate.

This is not legal advice just general comment

 

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