Thinking of making a workers’ compensation claim? Here are five things to consider

Everyone has the right to go to work each day, knowing they’ll come home safely. If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries.

There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. You could be forgiven for being a little confused about where to start. After all, workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by.

If you’ve been injured at work in NSW, Littles has you covered.

1. See your doctor, and provide them with as many details of your workplace injury as possible

If you’re injured at work, your GP is often the first person you’ll turn to. It’s important that you take this opportunity to provide your doctor with accurate details of the incident, even if those details don’t seem relevant at the time. If there are any issues about the cause of your injury at a later date, your GP may need to know exactly how the work injury happened. If you need any time off work, you should also ask your doctor for a certificate of capacity.

2. Know what to do if your workers’ compensation claim is rejected.

Your approval or denial will come in the form of a decision letter from the workers compensation insurer. If your claim has been rejected, we know this can be tough. Don’t be disheartened – there are other options!These include disputing or appealing the rejection. If you haven’t spoken to or engaged a legal representative already, you are entitled to do so for the dispute process

Read more: Help! My NSW workers’ compensation claim has been rejected. What do I do? – Littles

3. Understand that a workers’ compensation claim won’t work against you

Some injured employees worry that taking action will give them a bad reputation, cause their employer to reduce their work hours, or cost them their jobs. This is unlawful. If your employer is discriminating against you in such a way, remember that the law can assist you. Need someone on your side? At Littles, we are experts in workers’ compensation lawyers.

4. Make your claim as soon as possible

If you need time off or cover for medical expenses, or both, you should make a workers’ compensation claim as soon as you can. You will then have to see an independent medical practitioner, who will give the insurance company or self-insured employer their medical opinion (rather than provide you with treatment or advice). The practitioner will also provide a report for insurance purposes.

Read more: NSW workers’ compensation claims: What’s an independent medical examination (IME)? – Littles

5. Seek high quality legal advice

If you’re injured at work, seek high quality legal advice at the earliest possible opportunity. It’s best to seek advice early so that you can understand all of your options. You may be even be able to run more than one claim if you have TPD insurance under your super.

Read more: Looking to make a TPD claim? Let a trusted law firm take care of you – Littles

IMPORTANT: There are strict time limits for making and disputing a claim, so take advantage of our FREE initial consultation and get in touch. You have nothing to lose by speaking to one of our compensation law experts. The sooner we determine your eligibility to make or appeal a claim, the sooner we can help you to obtain or continue getting funding from the insurer so your rehabilitation can proceed smoothly.  

Free advice and no upfront fees

Not only do we offer a FREE initial consultation we handle most insurance claims on a no win, no fee basis. The Head of our NSW team, Jessica Cheung, is an expert in NSW workers’ compensation claims. If you think you might have a claim, reach out to Jessica and her team for high quality legal advice.

Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles. 

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