Nine expensive errors to avoid when making a Queensland workers’ compensation claim.

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. You may experience financial hardship if you sustain an injury at work. Don’t make it worse by making any of these common mistakes.

It would be helpful to talk with a workers’ comp solicitor about your situation to understand your legal rights better. A competent lawyer can improve your chances of getting the desired result. Get free advice from Splatt Lawyers by calling 1800 700 125.

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 in a warehouse or factory, in a hospital or medical centre, in an office or bank, or in 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 is available for injured employees when an accident occurs. It aims to help you recover after an unexpected work accident.

Learn more about Queensland Workers’ Compensation Payouts >

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 start working on it 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. Please seek advice from a personal injury lawyer before deciding on 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 compensation claim 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 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 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

It would be best if you saw a doctor for 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 not, see a local GP for an injury assessment.

Regardless of the requirements in your area, if you feel unsure about your doctor’s ability to diagnose your injury accurately, ask your 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. A workers comp lawyer can communicate with the insurer to get you more treatment.

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. Doing this may cost you more than you expected.

You should follow your doctor’s instructions to rest and recuperate. You must see 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. Our personal injury lawyers can advise you on your legal rights if this happens. Get legal help now.

Error 6: Being unaware of 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 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.

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. Pursuing a damages claim under common law will close your WorkCover case. 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 explain how to establish employer liability.

More about common law claims >

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 contains your TPD insurance, against which you make a claim. Your injury or 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 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 provides certainty about where you stand.

Splatt Lawyers explains the claim process and your legal rights for free. Call 1800 700 125 now for immediate support.

Workers’ Compensation Claim Lawyers Nearby

Choose your location now: