Workers Compensation Claim – What to Know

Do you need a personal injury lawyer to make a workers compensation claim?

Australian employers must take out workers’ compensation insurance to insure employees against accidents at work.

The insurance covers both the employers and their employees if they are injured at work or otherwise become sick because of their work.

Workers’ compensation payments cover an employee’s wages while they are not fit for work as well as the necessary medical and rehabilitation expenses.

This article will explain the process of making a workers compensation claim if you are injured at work.

Can I make a workers compensation claim?

If you are employee who suffers a work-related injury you have the right to make a workers compensation claim.

A work-related injury is an injury that occurs because of, or in the course of, employment, if the employment significantly contributed to the injury.

Such injuries do not have to occur only at work, but can also amount to a work-related injury if it occurs on the way to or from work, while on break from work, or visiting other offices, sites or workplaces while working.

An injury that occurs while working from home may be classified as a work-related injury if it otherwise meets the criteria of a work-related injury.

Notably, such an injury does not include any psychological injury arising from reasonable management action taken in a reasonable way.

What should I do if I am injured a work?

Firstly, you should report the injury to a supervisor. It is desirable to do this immediately and in writing. If you are involved in a motor vehicle accident, the police should also be notified.

If your injury requires medical attention see your doctor as soon as possible. This is imperative for both your health and your workers compensation claim.

Ask your doctor for a workers’ compensation certificate and a medical certificate if necessary.

Collect evidence to support your claim such as: photos of the injury, medical records, receipts, and medical certificates.

How do I file a workers’ compensation claim?

Filing a workers compensation claim is a request for benefits.

It is similar to filing an insurance claim, your employer must provide you with the forms to initiate your claim immediately upon learning of your injury. You must fill out the ‘Employee’ section.

It is important to date and sign the form. Together with evidence of your injuries, the form should be submitted to your employer or directly to WorkCover. 

Should I seek legal advice in regard to my workers compensation claim?

Strict time limits apply to workers’ compensation claims.

It is a good idea to seek legal advice to better understand your rights and entitlements.

If you do not understand any part of the process or your case a local personal injuries lawyer will be able to help you.

Regardless of where you are in the claims process, a personal injuries lawyer may enable you to achieve a more favourable outcome.

You should especially hire a lawyer to represent your interests if you are required to attend a court or administrative tribunal.

In the event your claim is rejected, a personal injury lawyer can advise you on any further options available to obtain compensation.

 How is the compensation paid?

Each state/territory in Australia pays differing amounts of workers’ compensation.

As workers’ compensation is an insurance payment (not a wage), the employee receives the payment directly from the insurer, from the employer on behalf of the insurer, or by the workers’ compensation regulator.

Do I still accrue annual leave while receiving workers’ compensation?

In Queensland, an employee can accrue annual leave whilst on workers’ compensation.

It is also permissible to take annual leave while receiving workers’ compensation.

Can I be fired for making a workers’ compensation claim?

The general protections provision in the Fair Work Act 2009 protects an employee who is terminated for making an application for workers’ compensation.

An employer cannot fire, or threaten to fire an employee for seeking workers’ compensation.

In Queensland, an employer cannot fire an employee solely due to the fact their workplace injury renders the unfit for work duties for 12 months after the injury arises.

An employer has a duty to provide suitable work duties in this time.

Sunshine Coast personal injury lawyers

If you have further questions or need help with your workers compensation claim, fill out this form to be contacted by a specialised personal injury lawyer on the Sunshine Coast today.