I Can’t Work Anymore: How to Claim Compensation and Win!

You could claim compensation when you can't work anymore due to an injury or a mental health condition. Learn how to get a payout.
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When you think, “I can’t work anymore,” you must take action to ensure your financial security and well-being. Every year, Australians stop working because of:

  • Mental illness like depression or anxiety
  • Work-related injury or illness
  • Long-term or permanent disability
  • A severe or terminal illness
  • Serious medical conditions like heart attack or stroke
  • Career burnout and other reasons

Whatever your circumstances, if you can’t work anymore, you could claim compensation:

  1. Through a superannuation account insurance policy
  2. Making a personal injury claim
  3. Under your state’s workers’ compensation scheme
  4. By making a TPD claim
  5. Or an income protection claim

When your claim is successful, you could receive a weekly or monthly benefit payment and a lump sum payout. Our legal guide explains the vital financial assistance you can access during this challenging period.

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Mental Illness or Physical Injury and Can’t Work Anymore

Your life and the lives of your family members will be disrupted if you are dealing with physical or mental health issues, in particular, your ability to find employment. Thankfully, there are several options for accessing financial assistance besides a disability support pension.

To successfully access all your benefits, you should understand the eligibility requirements for each type of compensation or insurance claim.

Workers’ Compensation Claims

Workers’ compensation isn’t just for physical injuries caused by your job. Mental health conditions that arise from work-related stressors, such as PTSD from traumatic events or conditions linked to workplace bullying and harassment, are also eligible for compensation. However, to claim WorkCover compensation, you must have a mental illness diagnosis from a psychologist, psychiatrist or doctor.

Contact our workers’ compensation lawyers for expert advice to uphold your health and safety rights.

Total and Permanent Disability (TPD) Insurance

Total and Permanent Disability insurance offers crucial financial security when you cannot work due to any illness or injury. This insurance policy kicks off after a mental health issue or physical injury stops you from working for at least three months in your own occupation or any other occupation you are qualified for due to training, education, or experience.

Many Australians don’t know they have TPD cover through their superannuation fund. Furthermore, unlike a workers’ compensation claim, your mental health condition does not need to be work-related to have a successful TPD insurance claim.

Experienced TPD claim lawyers >

Income Protection Claims

Many Australians are also unaware they have income protection insurance through their super fund. Hence, once you have used all your sick and annual leave, you could take unpaid leave to maintain your employment and claim income protection benefits.

More about income protection claims >

Disability Support Pension

Another financial support option is the Disability Support Pension (DSP). The main requirement for receiving disability benefits is having a diagnosed permanent mental health condition. Then, the application process for the DSP involves providing medical evidence documenting:

  1. The extent of your impairment
  2. How it affects your ability to work
  3. Your medical treatments and their outcomes.

You will also complete a Job Capacity Assessment. Although the steps listed above may seem complicated, they are designed to ensure you get the best support for your disability.

What Can I Claim When I Can’t Work Anymore?

It’s tricky to understand your legal entitlements when suffering from an injury or illness that stops you from earning an income. If you have one or more superannuation policies, you can likely claim insurance benefit payments or a lump sum payout.

Fortunately, it’s free for Splatt Lawyers to let you know what you can claim. Call Now at 1800 700 125 or use our free online claim check.

Common Causes of Being Unable to Work

In Australia, there are common reasons why people are unable to work, and many relate to physical and/or psychological injury. If this is your situation and you haven’t yet left your job, your employer might be addressing poor work performance issues. Furthermore, your boss has a duty to follow Australia’s strict employment laws regarding workplace performance, and failure to do so could worsen existing mental health problems.

Some of the common reasons for being unable to work in Australia include:

Severe Depression and Anxiety

You could make a mental health claim regardless of how you acquired a psychological injury. If your disorder is work-related, you could claim workers’ compensation benefits and later a whole-person impairment claim or common law damages. In addition to these lump sum claims, you could then seek a TPD payout.

Career Burnout

Excessive workplace stress can cause career burnout. This debilitating mental illness leaves you feeling both physically and emotionally drained when you finish work. Understand that this condition does not generally qualify for compensation. However, a common symptom of burnout is severe depression. In Australia, workers with mental illnesses can be eligible to make a mental health claim.

Physically Unable to Work

It’s devastating when a severe illness or injury leaves you physically unable to do your job, but you have options.

  1. First, request reasonable adjustments from your employer so you can continue your employment.
  2. Or move to a different job role with your existing employer
  3. Start studying for a new occupation.

If you are already working, you will have an account with a superannuation fund containing several life insurance policies. Consequently, you could claim a lump sum TPD payment and retire early.

Can’t Work Due to a Permanent Disability

When a permanent disability prevents you from working, you could:

  1. Look for a new position that fits your physical and skill sets.
  2. Apply for a different position after studying for a new career.

Your current boss could facilitate your return to work by making reasonable adjustments to your job tasks based on the extent of your disability. Alternatively, your employer could provide another position that better utilises your updated skills.

If a work-related accident caused your disability, you could seek WorkCover benefits as well as a permanent disability payout. You can make both of these compensation claims while employed. However, you must have stopped working for at least three months to be eligible for TPD benefits.

Assessment by Medical Professionals

Consulting with your local doctor is the first step in diagnosing and treating physical or mental health conditions.

General practitioners (GPs) are often the first point of contact for health concerns. For mental health issues, they can offer medical certificates, treatment, or referrals to specialised doctors, like psychologists.

Remember to inform your healthcare providers about your health history and current symptoms. Your treatment records will form part of your case if you decide to claim compensation benefits.

How Personal Injury Lawyers Help When You Can’t Work

It’s critical to safeguard your future when an illness or injury prevents you from working, no matter how you become incapacitated. Contact our legal team for a free consultation if this is your situation.

Our expert compensation lawyers have three decades of legal experience helping injured Queenslanders survive tough times. Remember, all our legal services are 100% no win, no fee, so you pay:

  1. Nothing to get started
  2. No costs during the life of your claim
  3. And zero if you lose.

Call now for your free case assessment: 1800 700 125

I Can’t Work Anymore FAQs

What are the financial support options for people who can’t work due to a mental health issue?

If you can’t work due to mental health issues, financial support options include workers’ compensation, Total and Permanent Disability (TPD) insurance, and the Disability Support Pension. Contact our compensation lawyers to understand your right to claim benefits.

What are reasonable adjustments in the workplace?

Reasonable adjustments in the workplace are changes that enable employees with physical injuries or mental health challenges to fulfill their work duties effectively, including modifications to the job or work environment.

How can I communicate my medical health needs to my employer?

Communicate openly with your employer to discuss potential accommodations and submit a written letter explaining your disability and affected job tasks. In most circumstances, your boss has a legal duty to modify your job role.

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