What should you do if you are injured at work?
- Report the injury to your employer as soon as possible and before you voluntarily leave that employment. You can do this orally or in writing.
- Request a workers’ compensation claim form from your employer.
- Consult a doctor and obtain a workers’ compensation medical certificate in relation to your injury.
- Give the completed claim form and medical certificate to your employer.
In most cases, you are required to do these things within six months of the date of the incident causing injury.
What if your claim is rejected?
What if your claim was accepted but the employer/insurer has stopped paying or has reduced your weekly incapacity payments?
In either case, it is important to obtain legal advice as soon as possible in order to preserve your workers’ compensation entitlements.
Lump Sum Settlement
The workers’ compensation laws allow for the settlement of your claim in a lump sum, by way of agreement with the employer/insurer.
However, you cannot do this and, at the same time, pursue a common law claim for damages.
Common Law Claim for Damages
You are entitled to pursue a common law claim where your whole person impairment is 20% or more, and you can establish that the negligence of your employer caused your injury. In addition to your statutory rights, you may also claim for other categories of damages, including:-
- Pain and suffering and loss of enjoyment of life;
- Past and future medical, rehabilitation, and care expenses;
- Past and future loss of income and earning capacity; and
- Past and future loss of superannuation contributions.
Blumers Personal Injury Lawyers can provide you with advice in relation to your workers’ compensation entitlements and common law prospects.
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