8 THINGS TO CONSIDER BEFORE MAKING A WORKERS’ COMPENSATION CLAIM

If you are injured at work, or on your way to or from work, you are entitled to make a claim for workers’ compensation.  WorkCover will pay your wage or salary if you need time off.  They will also pay for your reasonable medical expenses to help you recover from your injuries.  If you need treatment in a hospital, WorkCover will pay for a doctor of your choice in a private hospital.

1.      Report the injury to your employer

It is important that you notify your employer as soon as possible that you have been injured at work.  Your workplace may require you to complete a specific Incident Report Form.  Make sure the details recorded on the Incident Report Form are accurate before you sign it.  An email or text message may be enough to report the event.  Keep a record of the report, even if it is by text message or email.

2.      The first appointment with your doctor or hospital

You should seek medical attention as soon as possible.  The doctor will take notes about how your injury occurred.  It is extremely important that you provide your doctor with accurate details of the cause of your injury, even if it seems unimportant or insignificant at the time. You should also ask your doctor to complete a WorkCover medical certificate otherwise known as a WorkCover certificate of capacity. The WorkCover certificate of capacity, completed by your doctor, dentist, or nurse, contains information about the extent of your injury and your ability to return to work.

3.      Providing statements to WorkCover or your employer

If you are asked by a WorkCover investigator to provide a statement, you should respectfully decline.  Investigators have a knack in asking very select questions and then transcribing answers into statements that do not reflect the entire situation accurately.  If in doubt, get legal advice.

4.      What to do if your claim is rejected

If your application for workers’ compensation is rejected, you should seek legal advice immediately. There are very strict time limits for appealing these types of decisions, and you can’t afford to wait. Read our article on “What to expect when you have a WorkCover claim” to find out more about what a WorkCover claim entails.

5.      Making a WorkCover claim will not go against you in the future

Some people are cautious about making a workers’ compensation claim because they are worried about upsetting their employer or that it may even cost them their job.  There are laws to protect you from being discriminated against in the workplace.  The simple fact is that if you are injured at work, then you are entitled to make a workers’ compensation claim.

6.      Your employer is insured to protect them for any costs associated with your injury and your claim

Every employer in Queensland must have insurance to cover the costs associated with injuries sustained by their employees at work.  In Queensland, it is a no fault scheme, meaning that it doesn’t matter if your employer was at fault or not, WorkCover insurance is there to cover the costs of the claim.

7.      Make your claim as soon as possible

The sooner you lodge your application for compensation, the easier your claim will be.  There are strict time limits that apply to making a WorkCover claim, so contact WorkCover as soon as possible after your injury.

8.      Contact GC Law for expert legal advice

You should obtain advice from an experienced WorkCover lawyer as soon as possible.  Even if your claim is accepted by WorkCover, there may be things that you are entitled to that you don’t know about, or other benefits that you should consider.  GC Law offers free initial advice, so you have nothing to lose by getting advice early.

To find out more information about submitting your workers compensation claim, view our article on how to lodge a claim for workers compensation form in Queensland.

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