- Common WorkCover Claim Mistakes
- Consider the nine common errors that can cost you time and money when your workplace harms you.
- Error 1: You don’t immediately report your injury to your employer
- Error 2: Your injury report is inaccurate
- Error 3: Meeting with the incorrect doctor
- Error 4: Ignoring your doctor’s recommendation
- Error 5: Returning to work early
- Error 6: Being unaware of your workers’ compensation entitlements
- Error 7: Not knowing about common law claims.
- Error 8: Not knowing about Total and Permanent Disability (TPD) claims
- Error 9: Trying to negotiate your settlement.
- Get Expert Workers’ Compensation or WorkCover Legal Advice
- Workers’ Compensation Claim Lawyers Nearby
Common WorkCover Claim Mistakes
Over half a million people suffered injuries at work last year in Australia. If you’re one of those considering a WorkCover claim, here are some things you must avoid. If you get hurt at work, you can face financial hardship. Don’t make it worse by creating any of these common mistakes.
It would be helpful to talk with an experienced workers’ comp solicitor about your situation to understand your legal rights better. Your opportunity of getting the desired result will improve with the help of a good lawyer.
Consider the nine common errors that can cost you time and money when your workplace harms you.
Understand this: Many people suffer from injuries at work, whether they’re working in a warehouse or factory, in a hospital or medical center, or an office or bank, or in a mine or construction site. Employers must take steps to ensure their employees’ safety and health at work. But sometimes, they fail to do so. Workers’ compensation insurance is there for injured employees when an accident occurs. It aims to help you get back on track after an unexpected incident.
For immediate legal support – Call 1800 700 125. It’s free to know your legal rights.
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Error 1: You don’t immediately report your injury to your employer
You need to tell your employer about your physical injury or mental illness if you want to file a workers’ comp insurance claim successfully. You must complete this report within a specific timeframe, and you should start working on it right away. The insurer may not pay your benefits if you don’t meet your deadline.
If you’re living in Australia, your state workers’ compensation legislation may allow an extension of your reporting date under certain circumstances. You should always talk with a personal injury lawyer before making decisions regarding your case. Splatt Lawyer offers free initial legal advice in WorkCover cases.
Error 2: Your injury report is inaccurate
You must be honest when submitting an injury report to your employer. If misleading information is provided, your claim for compensation could be rejected. Write your submission so that it is as specific and accurate as possible. Don’t assume what your boss wants to hear or think something you don’t know to be true.
Outline the facts of your incident without exaggerating, like saying your accident was more severe than it was. This is particularly important when a health professional hasn’t yet assessed you. For example, don’t say you broke your leg if a medical professional has not yet confirmed your condition.
Error 3: Meeting with the incorrect doctor
You need to see a doctor to get a medical diagnosis but be sure you get the correct one. Depending on where you reside, there may be a list of preapproved medical specialists for your region. If this is not the case, you can meet with a GP close to you for an injury assessment.
Regardless of the requirements in your area, if you feel unsure about the ability of your doctor to diagnose your injury accurately, ask your compensation lawyer for advice. Splatt Lawyers regularly work with Queensland workers who have been harmed at their workplace. We can let you know your best course of action for a medical diagnosis.
Error 4: Ignoring your doctor’s recommendation
You must comply with your doctor’s instructions after your consultation. If you don’t do this, your case may be void. The exemption to this situation is when your medical professional does not give you sufficient treatment to help you recover. Sometimes the insurer tries to restrict your rehabilitation funds. Splatt Lawyers will communicate with the insurer to get you more treatment in this situation.
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Error 5: Returning to work early
You may find that after receiving your workers’ compensation payments, there is not enough to cover your cost of living. You may be paying for things such as your house mortgage or rent, utilities, and medical treatments that exceed the amount you’re receiving from WorkCover. At such a time, it is tempting to think returning to work is a good option, especially if it is light duty. Doing this may cost you more than you expect.
When you are told to rest and recuperate, this is what you should do. You need to see a lawyer if your doctor tells you that you have healed and can return to work or perform light duties. Your insurance company might not be looking out for your best interests but instead trying to limit your compensation. Our personal injury lawyers can advise on your best legal strategy if this happens to you. Get legal help now.
Error 6: Being unaware of your workers’ compensation entitlements
You may miss out if you’re unaware of the available workers’ comp benefits. If you don’t understand all your legal rights, you may trust your employer’s insurance company to treat you fairly. Sometimes, this isn’t true.
Suppose WorkCover QLD accepts your work-related injury claim. In that case, you could receive rehabilitation and medical treatment payments, lost income, injury-related travel costs, a lump sum, future medical costs, and a permanent impairment payout. Splatt Lawyers experienced WorkCover lawyers will help you know your entitlements.
Error 7: Not knowing about common law claims.
In Queensland, workers’ compensation laws allow you to sue your employer if they fail to provide a safe working environment. This is called a common law claim. Your WorkCover case will be closed when you pursue a damages claim under common law. If your impairment is permanent, you can get a lump sum payout. You must show that the business owner breached their duty to provide a safe working environment for employees. Your lawyer will help you establish the liability of your employer.
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Error 8: Not knowing about Total and Permanent Disability (TPD) claims
Suppose your work illness or injury prevents you from returning to work at your regular job or one for which you’re qualified. In that case, you may be eligible for an occupational TPD disability benefit. A claim is made against your TPD insurance which is often contained within your superannuation policy. Your injury illness does not need to be work-related, and your payout could be substantial. You can qualify for a TPD payout for any mental health condition or physical injury that stops you from working again.
Error 9: Trying to negotiate your settlement.
Lawyers and legal staff who work on both sides of the workers’ compensation system have expertise in minimising or maximising workers’ comp entitlements. Your employer’s insurance company has legal teams responsible for limiting claim payouts. Due to the complexity of claiming your entitlements, your lawyer’s expertise and experience will determine whether your case is successful or unsuccessful. What expertise do you have in workplace legal cases?
Splatt Lawyers offer No Win, No Fee, No Risk legal funding to workers’ compensation cases. Ask our lawyers to explain their experience in your type of matter and how they can help you succeed. It’s free to understand your options.
Get Expert Workers’ Compensation or WorkCover Legal Advice
If you’ve been harmed on the job or just commuting to or from work, it is essential to avert these top 9 typical workers’ compensation errors. If you’re unsure whether to take legal action against your employer, you might feel overwhelmed by the process. Have a talk with your solicitor about your best legal strategy. Allow your lawyer to do the hard work for you so you have the time and space to focus on getting your life back on track. Call Splatt Lawyers now for fast legal help – Call 1800 700 125.
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