The ABC’s and 123’s of a Workers’ Compensation Claim

gibson-gibson
April 4, 2013

(Guest post from an Australian law firm; includes information on claiming for compensation in Australia and general tips for everyone). If you have an accident at work, you may be able to make a claim through the Workers’ Compensation scheme. You are entitled to make a claim if you sustain an injury in the course of your employment and are defined by law in your state as a worker. Filing a workers’ compensation claim can be easy and straightforward as long as you take a few things into consideration.

And see also this guide to some of the top employment lawyers in Australia here.

A – ASK YOURSELF

One important question to ask yourself before deciding to file a workers’ compensation claim is whether you have suffered physically or financially as a result of an injury sustained at work. This extends to any psychological or psychiatric injury as well.

B – BE AWARE OF WHAT YOU CAN CLAIM FOR

Compensation for time off

If you have a First Medical Certificate from a doctor stating you are unfit as a result of a work-related injury, you should be able to claim compensation for salary or wages that you would have otherwise been able to earn.

Medical expenses

Medical, hospital, and rehabilitation expenses include medical treatment, hospital treatment, ambulance services, and workplace rehabilitation services. This may also include certain travel expenses. Insurers are usually willing to cover an injured worker’s medical expenses provided that the treatment required is reasonable.

Lump sum payments

A lump sum compensation can often be claimed in addition to ongoing medical expense compensation payments or wage compensation payments. In some cases, lump sum payments are awarded for physical as well as psychological/psychiatric impairment (or pain and suffering).

C – COMPENSATION LAWYER

If your claim is denied or disputed by your employer, the best option would be for you to seek representation by a workers compensation lawyer in order to pursue your claim. Even if your claim is not disputed, it is still recommended that you seek legal advice, as it is possible you could be entitled to a lump sum payment for your injury. This is something that insurance companies are not always keen to share with you but, we will assist you to build and pursue your case, negotiate with insurers and maximising compensation.

1-2-3 STEP PROCESS

Notify your employer and fill out a workers’ compensation claim form as soon as possible after the injury. It is a requirement to lodge a compensation claim within 12 months of the injury although some claims can still be made after this time.
Seek medical advice urgently and obtain a First Medical Certificate. Serve it and the Claim Form on your employer. You will receive a reply from the insurer within 19 days, if the claim is denied or pending, contact your Union or a compensation lawyer.
Don’t forget to obtain legal advice about your general entitlements from a compensation lawyer! Your first inquiry with us is free.