The prospect of filing a workers’ compensation claim can be daunting for many employees. Injured workers often delay or avoid taking the necessary steps to protect their rights due to concerns about the process or the consequences of such action. Addressing these common concerns head-on is crucial in empowering workers to pursue the compensation they rightfully deserve.

1. Fear of Consequences

• Retaliation Concerns: Perhaps the most prevalent concern among employees contemplating a workers’ compensation claim is the fear of retaliation by their employers. Employees often worry that their employers will be inconvenienced or disadvantaged if they make a workers’ compensation claim. Many worry that due to this inconvenience or expense, asserting their rights could lead to termination or other adverse employment actions.
• Legal Protections: When dealing with the concern of retaliation, it can be helpful to remember that employers are legally required to have workers’ compensation insurance. The purpose of this insurance is to provide financial support to employees without relying on the employer to fund the costs. Although employers can experience higher premiums following claims, in most cases, the existence of the insurance minimizes the impact of a claim against the employer. This makes it less likely that employers will be seriously inconvenienced by a claim and consequently less likely for the claim to negatively affect the employment relationship.
• Protection Against Retaliation: It is also important to remember that there are laws to protect employees from retaliatory measures. Employers cannot legally fire or discriminate against employees for exercising their rights to file a workers’ compensation claim. In fact, retaliating against an employee for seeking compensation is illegal and can lead to legal action against the employer.

2. Minimizing Injuries

• Downplaying Injuries: Workers often downplay the severity of injuries sustained at work. It is not unusual for a worker to consider an injury too minor to warrant being recorded in an incident report, and few immediately consider the potential long-term impacts of an injury. However, research has shown that even seemingly minor injuries can have long-term consequences or complications that may require ongoing medical treatment. As such, it is crucial to report all incidents that occur at work and have a physical or psychological impact.
• Seeking Medical Attention: Employees should also seek medical attention promptly after an injury and ensure that an accurate report of their symptoms is recorded by their healthcare provider. Failure to address injuries promptly could exacerbate the condition over time, potentially leading to more significant health issues.

3. Worrying About Personal Expenses

• Misconception About Costs: Another common concern is the misconception that making a workers’ compensation claim will require the injured worker to incur significant personal expenses. Workers often know that they will need to have a thorough medical assessment of their injuries, and they worry that the out-of-pocket expenses will be beyond their budget.
• Coverage of Medical Expenses: However, workers’ compensation benefits typically cover medical expenses related to the injury, as well as a portion of lost wages during recovery. In most cases, employees do not have to pay out-of-pocket expenses for medical treatment when filing a claim.

4. Fear of Legal Proceedings

• Intimidation by Legal Processes: Most people find the prospect of going to court intimidating, especially if they perceive that the case would be a battle between them and their employer. However, most workers’ compensation claims are resolved through negotiations between the injured worker and the insurance company, without the need for formal litigation.
• Legal Support: Formal legal proceedings are typically reserved for cases where disputes cannot be resolved amicably through other means. Moreover, a lawyer that is a NSW Law Society Accredited Specialist in Personal Injury Law specialises in navigating these legal processes and can help to ensure that the process is as low-conflict as possible.
• Timely Resolution: Fears of an extended legal battle can also deter individuals from pursuing workers’ compensation claims. While it is true that some cases take months or even years to resolve, particularly if disputes arise, many claims are processed efficiently, allowing injured workers to receive benefits promptly. In fact, employers and insurance companies are incentivized to resolve claims in a timely manner to avoid additional expenses and legal complications.

5. Weighing the Risks

• Employer Reactions: Of course, there are valid concerns associated with making a workers’ compensation claim. Some employers act unreasonably and see any claim as a criticism of the way their business is run. Others will see the notice of a worker’s injury as evidence that the worker is no longer capable of discharging their duties.
• Legal Protections: While the law protects against retaliation, it typically addresses the damage after it has already occurred. This should not deter those who have been injured from seeking their entitlements under the law.
• Long-Term Impact: When deciding whether or not to make a workers’ compensation claim, the critical issue is whether the injury will have an ongoing impact on the worker’s life. If it would, then it is important for the worker to fully explore their rights and options, as taking a short-term view can result in long-term loss.

6. Conclusion

• Addressing Concerns: Addressing common fears and misconceptions can help you to alleviate concerns and make an informed decision to protect your health, finances, career, and future wellbeing.
• Seek Professional Guidance: Seeking guidance from a lawyer who is an Accredited Specialist in Personal Injury Law can help ensure that you receive the support and compensation you rightfully deserve.

This is general information only and we recommend obtaining professional advice relevant to your circumstances. 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