Advice from a Personal Injury Lawyer on Making Workers Compensation Claims

If you have been injured at work and your doctor has advised you to take time off work you may still be entitled to payments of compensation to cover your salary as well as your medical treatments. Workers compensation is in place to ensure you can access the medical treatment required to get you back into the workforce. There are a few things that you should be aware of to ensure your claim goes smoothly and you are indeed reimbursed or not out of pocket at all for medical expenses.

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Seek medical advice first

The first thing you should do is to seek the advice of a personal injury lawyer, regardless of the status of your claim. You should always seek legal advice at the earliest possible opportunity, including if your claim is already accepted. The correct legal advice will ensure you are given access to everything you are entitled to. Access to a proper treatment plan during this time will ensure your best recovery. Delaying treatment can reduce your recovery rate and limit your recovery to full functionality.

Detail your claim

You should provide as much detail about the incident as possible. If you have to write an incident report these cards will usually have a list of questions covering every aspect of the incident – thus will be quite comprehensive. Do not hesitate to provide extra notes if you feel the form did not cover all aspects. If you also have to inform a GP about how the workplace injury happened then ensure you provide every detail regardless of how insignificant you deem it to be, as if there is any issue as to the cause of the injury in the future, your GP will also have this documented.

Beware of making non educated statements

If asked to make a statement to a WorkCover investigator you can decline as you have no legal obligation to do so. You may seek legal advice first as even honest workers can claim fault by not realising the significance of their documents.

No-fault entitlement

You should also remember that your employer is insured for these incidents. The law requires employers to have workers compensation insurance as injuries in the workplace are a part of everyday life. Many people feel guilty for making a claim however, this policy is purposely set up as a no-fault scheme. In making a claim no one is blaming the employer, nor is the employer blaming the employee, but rather it is there to help workers get back to their place of work in a healthy and productive state.

If your employer is discriminating against you for making a claim by threatening to fire you, reduce your hours or give you a bad reputation you must seek legal attention from a personal injury lawyer. You are entitled to make a workplace compensation claim without discrimination and the law is in your favour to support you.

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