Imagine getting seriously injured in the workplace—so seriously injured that it leaves you physically incapable of returning to work anytime soon. Worse, you are a breadwinner, and you don’t have the financial capacity to pay for your medical expenses.
While sustaining injuries in the workplace due to your employer’s negligence can be burdensome, the good news is that there is the Workers Compensation Legislation to ease your burden when it happens to you. This legislation ensures that you get compensated for your injuries, that you receive your regular salary while recovering, and that all the medical expenses you incur following the accident are covered.
Sounds reassuring, right? As a claimant, however, there are certain things you need to remember when you lodge a claim against your employer. Here are some of them:
Be detailed when you report your workplace injury
As the person injured, it is your responsibility to inform your employer about the details of your injury through a formal incident report. Make sure to provide as many details as possible when accomplishing this report, Turner Freeman Lawyers suggest, as this will help boost your chances of making a successful claim. The reason why it is crucial to notify your employer in writing—not verbally—is because you need to have a tangible proof that your employer knows about your injury in case they deny it.
When you go to the hospital to seek treatment for your injury, make it a point to also provide your doctor with all the details of the incident, no matter how trivial those details may seem to you. You’ll never know—sooner or later, your employer may contest your claim regarding the cause of your injury. With an incident report duly received and signed by your employer, you have proof that they initially acknowledged your claim.
Don’t think your claim will work against you
If you are growing reluctant about making a workers’ compensation claim just because you think your claim might work against you, don’t. The thing is, you sustained your injury in the workplace due to your employer’s negligence, so you are eligible to receive certain entitlements under the Workers Compensation Legislation. Do not feel guilty about filing a claim or taking legal action against your negligent employer because it is your right to receive compensation when in that situation. If you feel that your employer or colleagues are taking your claim against you, don’t worry because the law got your back. Having sustained an injury in the workplace, it is your right to get proper treatment and be given enough time to recover. You can ask a lawyer for advise if you are wondering if can you submit a workers comp claim after you quit.
Be cautious when giving statements to a WorkCover investigator
Within the first few days of your claim, a WorkCover investigator might ask you to make a statement about your claim—including how you got your injury and the circumstances when it happened—and make you sign a document afterwards. When that happens, make sure that you decline their request. Remember, you are not legally bound to provide a statement to any WorkCover investigator. Usually, claimants who make statements to a WorkCover representative end up having trouble getting their compensation or worse, end up with unsuccessful claims. You know, these investigators will only ask you handpicked questions during the interview and record your answers in a way that would not accurately depict your situation. At the end of the day, you will realize how they only used your own statements against you. Don’t let that happen.
You have the right to appeal when your claim gets rejected
When you get rejected the first time you apply for a claim, don’t be disheartened. The best thing to do in this situation is to seek legal advice so you will know the merits of your claim. Most claimants don’t realize that they actually have the right to question an initial rejection through the conciliation service. If this doesn’t work, the next step would be to bring the claim to court. There are stringent time limits for disputing a negative decision but if you are really serious about getting your entitlements, you should not worry about the consequences of making an appeal. When you have a reputable workers compensation lawyer working with you, you will know what to expect when making an appeal.
Conclusion
Going through the process of making a workers compensation claim is a breeze when you have an expert lawyer you can turn to. In cases like this, it is normal to encounter people who will try to take advantage of your ignorance of the law and the only way to protect yourself and your rights is by getting advice from an experienced lawyer.