If you have sustained a workplace injury or illness follow these steps:
- Notify your employer about your injury as soon as you can and make sure they record the incident in their register of injuries.
- Make sure you see your Doctor as soon as you can after your injury so that you obtain medical treatment as soon as possible and so that there is a written record of the date and nature of your injury and what occurred. Your entitlement to compensation begins on the first day you are assessed by a doctor.
- The next step is to complete a claim form. Your employer should provide you with the Injury Notification Form. If they don’t, the easiest way to do this is online through the ICARE website, just click on “injured person” and follow the prompts:
- Obtain legal advice from a lawyer that is an Accredited Specialist in Personal Injury Law as soon as possible to ensure you are provide the right advice. Even if you believe your injury is insignificant and not worth claiming, seek legal advice as to your entitlements regardless, as some injuries worsen over time leaving the injured person with significant loss.
Are there time limits to start a claim? (When can these be extended?)
You should lodge your claim for compensation within six months after you sustained your injury. However, it is best that you lodge your claim no more than 20 business days after being medically assessed as your entitlements may be affected.
The six-month time limit may be waived if SIRA is satisfied that a delay in lodging a claim was due to mistake, or you had a “reasonable excuse”.
What type of entitlements can I claim for my injury/illness?
Once you have lodged a workers’ 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. These payments are important, especially if you are not able to work as a result of your injuries or you require medical treatment.
The type of entitlements you can claim will largely depend on the extent and severity of your injuries.
Compensation from your employer’s workers compensation insurer may include the following:
- weekly payments during incapacity to work
- expenses for medical treatment by medical professionals
- reasonable travel expenses for receiving treatment, medical examinations and attending medical assessment tribunals
- lump sum benefits
Conclusion
There are stringent time restrictions and conditions you have to comply with when making a claim and making a claim for workers compensation can be stressful.
Seek legal advice early on from a lawyer that is an Accredited Specialist in Personal Injury Law to ensure that you are provided with the right advice from the beginning.
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