If you have been injured in the workplace due to your employer’s negligence, you are eligible to receive compensation for your injuries. However, receiving your entitlements under the Workers Compensation Legislation is not as straightforward as it seems. Unfortunately, many insurance companies are inclined to take advantage of Australian workers who are ignorant of the law. If you are not equipped with proper knowledge about your rights and entitlements as a worker, you may end up not getting the full compensation that you deserve.
If this is your first time making a workers compensation claim, take note of the following mistakes you need to avoid to increase your chances of getting all your entitlements:
Not reporting your injury
Not letting anyone know about your injury is not only detrimental to your health but to your claim as well. If your injury came as a result of an accident on the road while performing your duty, it is imperative that you let the authorities know about the incident and what it had caused you. It is also important to get proper treatment so you can obtain legitimate medical records, signed by your physician, as the worker’s compensation lawyers in Adelaide recommend. You know, it is so easy to keep all the dramas at bay and suffer alone, but this can spell trouble if you are planning to lodge a claim. Obviously, you need to support your case with official reports—reports that only the police and your doctor can provide. You don’t want the insurer to think your claim is just all made-up, do you?
Not following your doctor’s orders
When your injury is not too severe, you may be tempted not to listen to your doctor’s orders or skip seeing a doctor altogether. You shouldn’t. When your doctor asks you to do something, trust that he’s asking you to do it to aid your recovery. Following a road accident-related injury, your doctor may recommend certain exercises to help you recover from the trauma. Such orders may sound either a little bit too trivial or a gargantuan task for you, but you should follow anyway. Why? Because doing so will not only help you recover fast from your injuries but will also help strengthen your case. When you choose not to pay heed to your doctor’s advice, you run the risk of your compensation being reduced or the damages in your claim being lowered.
Returning to work immediately
You may hate that you cannot go to work anytime soon because you have an ongoing claim and are still recovering from your injuries. But no matter how itching you are to get back to work, don’t be tempted to start work shortly after the incident. Take time to recover and don’t risk your health just because you are thinking about the income you are losing by staying at home. Under the law, it is your employer’s duty to provide you with work that is suitable for your recovery. That means it is possible to have ongoing litigation and have a steady stream of income at the same time! You know, you can still make a successful claim whether or not you return to work after sustaining those work-related injuries, so better do yourself a favor and recover at home while your lawyer is out there representing you in your claim.
Not making an appeal
One common mistake of claimants is assuming that a rejected claim is tantamount to hitting a dead end. Remember, if your WorkCover claim gets rejected the first time, you still have the chance to make an appeal within 20 days of the initial decision. If your first claim doesn’t turn out successful, go to the Workers Compensation Regulator to appeal the rejection.
Not working with a trusted workers compensation lawyer
As a claimant, you want to receive full compensation for your injuries. However, that is almost impossible if you do not know the nitty-gritty of the worker’s compensation law. Without getting proper legal advice, you might end up receiving just a portion of your total entitlements or not receiving anything at all. Especially if you are dealing with an uncooperative employer, it is best to have an experienced lawyer to help you make a successful claim. Remember, the worker’s compensation law is too complex a subject for you to navigate alone.
Regardless of your case, the key to making a successful workers’ compensation claim is to hire a lawyer who can help you with your case. With an experienced lawyer behind you, you have someone to explain to you your rights and tell you how to get your compensation in full.
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