What you need to know about workers compensation claims

All employees have the right to feel a sense of safety when they head to work, confident they’ll return home safely each night to their loved ones. Protecting workers’ jobs is crucial, and employer liability for work injuries is treated seriously by the law.

While many people can eventually return back to work, the period leading up to this can be physically and emotionally challenging. In the unfortunate event of a workplace injury or illness occurring, you may be entitled to Workers’ Compensation.

Worker’s Compensation can assist injured workers in navigating these challenges, offering a wide range of benefits and compensation. And, in the case of serious injuries or illness that lead to life-changing circumstances, workers’ compensation can provide ongoing support to you and your family.

Who is eligible for workers’ compensation benefits?

To be eligible for Workers’ Compensation, an employee must sustain an occupational injury that occurs as a result of or during the course of their employment. The injury should be directly related to the task and activities the employee is engaged in while at work, including any work-related driving duties.

If you’re unsure whether your workplace accident is eligible for work injury reimbursement, it is recommended to seek legal consultation and contact a Workers’ Compensation Lawyer.

What types of injuries are covered by workers’ compensation?

In Australia, Worker’s Compensation typically covers a broad range of injuries and illnesses that occur in the course of employment, both on work premises and during work-related travel. These can be simple things such as slips and trips to more complex issues such as illnesses due to workplace exposures.

Several different types of injuries that are generally covered, with some of the most common being:

• Physical injuries such as sprains, strains, fractures, injuries from falling, lifting or from tripping.
• Repetitive Strain Injuries (RSI) that happen from undertaking repetitive tasks at work, these include carpal tunnel syndrome or tendonitis.
• Mental health injuries such as stress, anxiety or depression, caused by work-related reasons.
• Occupational Diseases or illnesses that are caused by exposure at work, these include asbestos-related and occupational asthma.
• Injuries that occur during work-related travel including community to and from locations the employer requires a worker to work

While these are the most common types of injuries, there are others. If you’ve been injured at work and need guidance get in touch with one of our experienced Workers’ Compensation lawyers.

How do I report a workplace injury?

Reporting a workplace is not always an easy decision; we understand that not everyone feels comfortable or confident doing so. Concerns about potential loss of employment, income, or implicating others can make employees hesitate. Despite these apprehensions, it’s important to report workplace injuries. Doing so not only protects yourself if you make a job injury claim but also helps prevent similar incidents from happening to others.

We’ve made it easier by breaking things down into three steps.

1. Seek medical guidance

Seeking medical treatment after any injury or illness that occurs at work is important. Your health is the top priority, and obtaining medical advice helps determine the severity of your injury and necessary treatment.

When filing work-related injury claims, having detailed medical records outlining specific injuries is crucial. You will also need to obtain a Certificate of Capacity from your doctor, which is necessary for claiming any work injury reimbursements.

2. Report everything to your employer

It’s important to report any accident or injury to your manager, supervisor or boss. If possible, a formal letter or email outlining key information, such as the time and date of the incident, details of what happened, where it occurred, if anyone saw the incident and all details of any injuries sustained.

Not only will doing this assist in the workplace injury compensation process, acting quickly could prevent similar accidents from happening to colleagues.

3. Submit your claim work

If you are seeking work injury reimbursement, we recommend submitting the correct state or territory claim form. For assistance from experts who know how to file workers comp claims, contact Gordon Legal.

Is there a time limit for reporting a workplace injury?

Yes, there is. If you suffer an injury or accident at work, you only have 30 days to report the injury to your employer, so it’s crucial to act quickly. It’s also good practice to lodge your WorkCover claim within this time frame. If you’re unsure how to file a workers comp claim or need assistance with injury settlement, seek Workers’s Comp legal help from an experienced Workers’ Compensation lawyer.

If it’s been more than 30 days since the work injury occurred, you should speak to one of our specialised Workers’ Compensation lawyers today.

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

Fearing termination for filing a Workers’ Compensation claim is common, and understanding your workers comp rights can help alleviate this stress, allowing you to concentrate on recovery.

In Victoria, your employer cannot terminate your employment simply because you are unfit for your pre-injury job for a period of up to 52 weeks of incapacity.

Unfortunately, after that period, if you continue to be unfit for your pre-injury job, your employer is no longer obligated to keep the position open for you.

You can find out more about your rights here.

Does this information apply to you? Get in touch.

At Gordon Legal, we understand that being injured at work is a personal issue.

For personalised and individual advice, we offer consultations to discuss your matter.

Please call Gordon Legal on 03 9603 3000 to speak with one of our experienced asbestos lawyers about your entitlements.