If you sustain an injury at work, whether it is a physical injury due to poor work practices or from faulty machinery or a psychological injury due to bullying, it’s important to know that you will generally be entitled to lodge a workers compensation claim.
In Queensland, if you have been injured at work most employers are insured with Workcover Queensland, who will handle those claims largely independent of the employer.
However, if you work for a larger company (such as Coles or Woolworths) they may be self-insured and handle their own workers’ compensation claims through their insurance division and delegated representatives.
Either way, there are a few essential steps you must take to ensure your workers compensation claim is lodged correctly.
Here are the steps for lodging your Workers Compensation Claim
Report the Incident: As soon as the work-related injury occurs, make sure to report it to your employer or supervisor. Timely reporting is vital to initiate the workers compensation process.
Seek Medical Attention: Your health and well-being should be your top priority. It’s crucial to seek immediate medical attention for your injuries. Not only this is important for your recovery, but it also establishes a medical record that supports your workers compensation claim. We can provide recommendations for trusted healthcare providers who specialize in workplace injuries.
Document Everything: Keep a detailed record of all relevant information related to your injury and subsequent medical treatment. This includes gathering witness statements, taking photographs of the accident scene if possible, and maintaining copies of medical reports and bills. These documents will be valuable evidence to support your claim.
Notify Workcover QLD (or Employer): Depending on your employer’s insurance coverage, you may need to notify Workcover QLD or your employer directly about the incident and your intention to lodge a workers compensation claim. If you are lodging your workers compensation claim more than three months after your accident/ injury, it is recommended that you speak to a workers compensation lawyer, as there are a number of complications and pitfalls resulting from lodgment after three months.
Consult with a Workers Compensation Lawyer: While injured workers can lodge and manage their workers compensation statutory claims themselves, there are a number of events during the course of the statutory claim which become especially important if you are likely to not fully recover and be left with a residual disability and impairment. Seeking legal advice from a workers compensation lawyer is crucial to protect your rights and navigate the claims process, especially if you need to pursue a common law process in order to secure full and appropriate compensation.
Types of Workers Compensation Claims
There are different types of workers compensation claims to consider, depending on your situation:
Specific incident workplace injuries: This is where a worker suffers an injury or illness due to a specific workplace accident. To claim, the workers compensation insurer will require evidence establishing that the injury was sustained at the time, date, place and in the manner alleged.
Over Period of Time (OPT) Injuries: These are physical or psychological injuries sustained due to work causes over time. This could be a deteriorating back condition due to performing unsafe heavy lifting at work over time or a psychiatric injury caused by sustained bullying and harassment. To claim, the workers compensation insurer will need evidence of the ongoing exposure to the unsafe tasks or bullying interactions and possibly seek evidence proving that the injury was not caused by other events away from work.
Statutory Compensation Claims: Whether you have a specific injury claim or an OPT claim, once accepted you will generally be entitled to some form of statutory benefits (depending on how long after injury you lodged your claim) on a no-fault basis.
- Common Law Claims: Once your statutory benefits claim ends, a worker may in certain circumstances elect to proceed with a common law claim to recover additional compensation and damages. A common law claim is fault based – so the worker will need to establish that the employer was negligent in breaching a duty of care to the worker and that breach of duty directly resulted in the worker’s injury and that the injury sustained was a foreseeable consequence of the breach of duty. Confused? Well, this is a quite complex area of law, and workers compensation lawyers can assist in navigating all of the technicalities.
