It is important to know the “Do’s and Don’ts” of trying to claim compensation for workplace injuries. People tend to believe claiming compensation for workplace injuries is an easy process, however there are stringent time restrictions you have to comply with and you also need to meet certain conditions to be eligible to apply for workers compensation.
Below is a list of the “Do’s and Don’t” when it comes to claiming compensation for workplace injuries.
- DON’T delay claiming and seeking legal advice.
You must notify your employer as soon as possible if you’ve sustained a workplace injury as you generally have six (6) months to lodge a claim for compensation.
You must also provide your employer with a WorkCover Certificate of Capacity which certifies you unfit or partially unfit for work.
Once you have lodged a worker’s compensation claim and your employer’s insurer accepts liability, the insurer must start making payments for weekly benefits and medical expenses as soon as possible.
Workers compensation insurers may try to minimise the amount of compensation paid by rejecting liability for your claim or claim they have a “reasonable excuse” to not make provisional liability payments. You should therefore be aware of your rights and what you can do if this happens.
If you don’t report the injury because you believe your injury is insignificant and not worth making a claim, you should still seek legal advice as to your entitlements as there have been instances where injuries have worsened over time leaving the injured person with significant loss.
- DON’T go it alone – seek legal advice about your workplace injury from a Lawyer that is an Accredited Specialist in Personal Injury Law
Workers compensation insurers have extensive experience when dealing with work related injuries.
Insurance claims officers can regularly change throughout the course of your claim and your claim and what you need can be forgotten about.
Did you know that the insurer has certain time limits in which to make certain decisions, such as how long they have to approve a request for surgery or a request for hospitalisation?
Get a lawyer on your team to provide you with legal advice and to guide you through the complex process.
- DON’T settle too soon or accept any decisions made by insurers
Workers compensation insurers may try to settle your matter as quickly as possible by offering you a compensation amount upfront based on a report from their “Independent Medical Examiner” (IME).
As you are generally only permitted one lump sum compensation claim it is important to seek advice from a Lawyer that is an Accredited Specialist in Personal Injury Law to ensure that all your injuries have been assessed and taken into account.
- DO keep records, especially photographs
It is very important to take and keep photos of any injuries sustained from your employment, the place you were injured, and details of any witnesses. This will assist in proving the extent of your injuries.
It is also important to document any receipts for medical expenses incurred from receiving treatment for your workplace injuries. We also recommend you keep a folder of medical reports and possibly a journal of how your injuries affect your day to day living.
- DO keep your GP and Medical Specialists updated with all your injuries and disabilities.
It is important that you report your injuries and disabilities to your GP and medical treatment providers.
Often times one injury can be “the worst” injury and the other injuries sustained at the same time become ignored. For example: someone that has fallen from a height concentrating on the fractured wrist and not giving attention and reporting the “minor” injury to their head and neck that was injured when they hit the ground.
It is important that your regularly report to your medical providers how each of the injured parts of your body are progressing over time. In addition it is just as important to report any changes, for example: someone who has had a knee replacement and because of the way that they have been walking, now has back and hip pain.
Having a lawyer on your team will ensure that they are uptodate with changes in your medical health and they will remind you to ensure that all your practitioners are aware of your current health status and are best placed to assist you with treatment.
- DO help your Doctors – if they have requested approval for treatment for you and the insurer has ignored their request – tell your lawyer.
Insurer’s have strict timeframes within which they are to make decisions as to whether to accept or decline a claim.
Generally if it has been more than one month since your request for treatment, then you should urgently seek legal advice. Often times the sooner you obtain the treatment you need, the better your chance for optimal recovery.
Conclusion
Making a claim for workers compensation can be confusing, complex and overwhelming. You need to understand your obligations, rights and entitlements when dealing with workers compensation insurers.
If you or someone you know wants more information or needs help or advice, please contact Rita Palazzolo on 0404 09 33 74 or email rita@rplawyer.com.au