Last year, more than 500,00 people were injured on the job in Australia. If you are one of them seeking a Brisbane work injury law firm for injury compensation, be sure to avoid these nine costly mistakes. Work-related injuries can be expensive and frustrating, especially if you cannot work. So don’t make it worse by making one of the below common errors. It would be a good plan to speak with an experienced workers’ compensation lawyer about your circumstances to understand your legal rights. With the support of a good workplace solicitor, you could achieve the outcome you want.
Look at the top 10 mistakes that can cost you money and time when you are injured on the job.
Consider this: many workers have a physical or mental injury at work regardless of where they work – a warehouse or factory, a hospital or medical center, an office or bank, a mine, or a construction site. Your employer has a legal duty of care to provide a safe and healthy workplace, yet things still go wrong. Workers’ compensation insurance is there to help injured workers when the unexpected happens.
Failing to report an injury to your employer, immediately
To lodge a successful workers’ compensation insurance claim, you must inform your employer about your injury. There is a time limit on how long you have to make this report, and you should do so as soon as possible. The insurer can exclude you from claiming if you miss your deadline. Depending on where you live in Australia and your state’s workers’ compensation legislation, there may be grounds for an extension to your reporting date. It is always a good idea to check with a personal injury lawyer to understand your rights and obligations. Most compensation law firms provide initial legal advice at no charge.
Your Brisbane injury law firm report is not accurate
When you submit your injury statement to your employer, you must be accurate and truthful. Misleading information can be grounds for a compensation claim to be denied. When you write your submission, focus on making it as precise as possible.
- Do not make assumptions about what your employer wants to hear or assumptions about things you do not know. Simply outline the facts of your incident.
- Do not exaggerate the specifics of how your accident happened – stating that your incident was more extreme than it was.
- Do not exaggerate your injury: state what happened and the outcome of your accident. Especially if you have not yet had a medical assessment; for example, you say you have a broken limb when a doctor has not yet confirmed this.
- The accuracy of your injury report is essential to the outcome of your work injury claim. Have a lawyer look over your account to ensure that it is accurate and truthful.
Seeing the wrong doctor – Brisbane injury law firm
You must meet with the right health care provider to diagnose your injury. Some regions have a list of approved health professionals you can use for your medical assessment. If this is not the case in your area, you can see your local GP and have them assess your injury.
Whatever the case in your area, if you are uncertain about the competence of your doctor or how they have assessed your condition, ask your personal injury solicitor about your opportunity to seek another opinion. Your law firm will likely have a list of treating professionals they recommend for injury claims Review Writing.
Not following your doctor’s advice
You must follow the advice of your health professional following your initial appointment. Failing to do this can void your claim. The exception is when treating professionals fail to provide enough care to assist with your recovery. It may be that the insurer is limiting your treatment expenses. Your attorney can also help if this is your situation.
Going back to work early – Brisbane injury law firm
You may find that once you receive your workers’ compensation insurance benefit, it is insufficient to cover your living cost. Your home mortgage or rent, utility bills, and medical treatment costs might exceed the amount you receive. Because of this, you might think it is easier to go back to work, including light duties. If you choose to do this, it can cost you more than you think.
If your medical advice is to rest and recover, you should follow this advice. Eg if your doctor says you have fully recovered and are ready to resume work or sufficient to perform light duties, you should seek legal advice. The insurer may be trying to limit your compensation for damages rather than focusing on your best interests. Your injury solicitors can advise on your legal options in this situation.
Not being aware of your workers’ compensation benefits
You could be missing out if you are unaware of the workers’ compensation benefits available to you. By not understanding all your legal options, you trust your employers’ insurer to do the right thing and treat you fairly. This is not always the case.
If your work injury claim is accepted, you could receive payments for lost income, rehab and medical costs, travel costs related to your injury, a lump sum permanent impairment payment, and any future medical expenses. Having an experienced workplace Brisbane work injury law firm lawyer in your corner can help you understand your rights and entitlements.
Not understanding Total and Permanent Disability (TPD) claims
If your work illness or injury stops you from returning to work in your usual occupation (or one for which you are qualified), you could qualify for a TPD claim. This is a claim against the TPD benefit usually attached to your Superannuation fund. Depending on your TPD insurance policy, this claim could be considerable. Your injury does not need to be job-related to qualify for a TPD claim through Social Media Content. Any medical condition that prevents you from working could be sufficient to access your entitlements.
Not understanding common Brisbane work injury law firm claims.
In Australia, workers’ compensation legislation allows you to sue your employer for damages if you believe their duty to a safe workplace. This is known as a common law case. If you decide to proceed with a damages claim against your employer, your WorkCover case will end. You may receive a lump sum payment if you have a permanent impairment. When pursuing a common law claim, the onus is on you to prove your business owner’s breach of duty to a safe workplace.
Attempting to negotiate your settlement.
Lawyers working on both sides of the workers’ compensation fence are experienced in negotiating settlements – maximizing or limiting them. Your employers’ insurer will have teams of legal staff whose job is to minimize the cost of your claim. The legal processes of claiming your entitlements are complex. Success or failure depends on the experience and expertise of the person managing your case. What is your expertise in workplace legal matters if that person is you?
Most workers’ compensation Brisbane work injury law firms provide no win, no fee funding for injury cases with a free initial assessment. Ask your lawyer to explain their expertise in your matter and how they can support you in achieving a successful outcome.
If you have been injured at work, or on your way to or from work, it is crucial to avoid these top 9 common mistakes. You may feel uncertain about taking legal action against your employer and may feel overwhelmed by the process. Your Brisbane work injury law firm will be able to advise you on your best options for achieving the workers’ compensation benefits you are seeking. Let your solicitors do the hard work for you so that you can focus on your recovery.