Knowing your legal rights is key to making a successful workers’ compensation claim. You could be entitled to a payout if you’ve been injured at work, but securing damages isn’t always a straightforward process. We can offer advice on this area of the law so you have the financial freedom to regain your quality of life.
Workers compensation claims can be complex, but you don’t need a law degree to understand your rights. When building your case, be sure to take note of these basic entitlements.
Choosing a Healthcare Provider
After sustaining an injury at work, finding a doctor you can trust is an important part of the recovery process. In addition to providing you with medical treatment, your doctor may also need to verify your injuries. This is why it’s important to seek medical advice from someone you can rely on to represent your best interests.
Your employer or insurer may encourage you to see a doctor of their choosing, but you have every right to decline this recommendation. In cases that rely on medical evidence, being treated by an impartial doctor can give your claim a greater chance of success. If you’ve been visiting the same GP for years, they’re probably the best person to treat your injuries.
Returning to Work
Once you feel ready to return to work (and have clearance from your doctor), your employer should support this process. Even if you can’t work in the exact same capacity as before, you’re still allowed to re-join the workforce. For example, if the role you performed prior to your injury involved physical labour you’re no longer capable of, your employer could reassign you to a desk job. Employers who can’t make suitable duties available need to provide a valid reason for this.
Even though it usually makes good business sense for businesses to support the return of injured employees, discrimination is still common in these circumstances. If your employer fails to support your return to work, this may need to be addressed through further legal action.
Appealing Your Claim
If WorkCover doesn’t accept your claim, there are steps you can take to appeal this decision. WorkCover will assess your entitlement to damages based on a range of different factors, including:
- The timing of your application – WorkCover may dismiss your claim if you failed to lodge it on time.
- The cause of your injury – You’ll need to provide evidence that your injuries were caused by a work-related activity.
After reviewing your claim, WorkCover will reach a decision regarding your entitlement to damages. If you’re unhappy with their decision, you can appeal it through the Workers’ Compensation Regulator’s review process.
If you’d like to learn more about your rights when making a workers compensation, contact Sinnamon Lawyers today.