Common WorkCover Claim Mistakes
Over half a million people suffered injuries at work last year in Australia. If you are considering a WorkCover claim, there are some common mistakes you must avoid. You may experience financial hardship if you sustain an injury at work. But don’t make it worse by making any of these common errors.
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Consider the nine common errors that can cost you time and money when you have a workplace injury.
Understand this: Many people suffer work-related injuries, whether in a warehouse or factory, a hospital or medical centre, an office or bank, or a mine or construction site.
Employers must ensure their employees’ safety and health at work. But sometimes, they fail to do so. Workers’ compensation insurance may be available for injured employees when an accident occurs. This insurance cover aims to help you recover after an unexpected work accident.
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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 begin work immediately. 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. A WorkCover lawyer can explain if you qualify.
Error 2: You lodge an inaccurate injury report
You must be honest when submitting an injury report to your employer. If you provide misleading information, your compensation claim could be rejected. That’s why you should write your submission as specifically and accurately as possible. Don’t assume what your boss wants to hear or think something you don’t know is true.
Outline the facts of your incident without exaggerating, like saying your accident was more severe than it was. This is particularly important when you haven’t already been assessed by a health professional. For example, don’t say you broke your leg if a medical professional has not yet confirmed this to be true.
Error 3: Meeting with the wrong doctor
Your best plan is to see a doctor for a medical diagnosis, but be sure you see the right one. Depending on where you live, there may be a list of preapproved medical specialists in your area. If not, see a local GP for an injury assessment.
If you feel unsure about your doctor’s ability to diagnose your injury accurately, ask a compensation lawyer for advice. Queensland workers who are harmed on the job can receive advice from Splatt Lawyers about their rights.
Error 4: Ignoring your doctor’s recommendation
You must comply with your doctor’s instructions after your consultation. If you don’t, your case may be void. The exception to this is when your medical professional does not give you sufficient treatment to help you recover.
Sometimes, the insurer tries to restrict your rehabilitation funds. In that case, a workers’ compensation lawyer can communicate with the insurer to help you access more treatment.
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Error 5: Returning to work early
You may find that after receiving your workers’ compensation benefits, 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 beneficial option, especially if it is light duty. But doing this may cost you more than you expected.
That’s why you should follow your doctor’s instructions to rest and recuperate. You could seek advice from a lawyer if your doctor says 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 is trying to limit your compensation.
Personal injury lawyers can advise you on your legal rights if this happens.
Error 6: Not knowing your workers’ compensation entitlements
You may miss out if unaware of the available workers’ compensation benefits. If you don’t understand all your legal rights, you may trust your employer’s insurance company to give you fair treatment. 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.
Error 7: Not understanding 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. Pursuing a damages claim under common law will end a WorkCover case with a lump sum payout for permanent impairment.
To succeed, you must show that the business owner breached their duty to provide a safe working environment for employees. A work injury lawyer can explain how to establish employer liability.
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Error 8: Not knowing about Total and Permanent Disability (TPD) claims
Let’s say your work-related illness or injury keeps you from going back to your regular or qualified job. In that case, you may be eligible for an occupational TPD disability benefit. Your superannuation policy often includes TPD insurance that you can claim against.
Your injury or illness does not need to be work-related, and a payout. 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 a settlement yourself.
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 can 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 for workers’ compensation cases. It’s free to understand your options.
Workers’ Compensation or WorkCover Legal Advice
Avoid these top 9 common workers’ compensation errors if you’ve suffered an injury at work or while commuting. You might be unsure about whether to take legal action against your employer. That’s when a lawyer or solicitor can provide certainty about where you stand.
Splatt Lawyers explains the claim process and your legal rights for free. Call 1800 700 125
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