To receive treatment or compensation after injury or accident in the workplace, the injured person – or trusted support person – will need to take a few immediate steps. To help make this process as simple and stress-free as possible, the Legal GP have summarised the key steps below. Read on!
If you are injured in the workplace or in a work environment, you will need to submit a WorkCover claim. To ensure the best outcome, there are a few steps that you should take as soon as possible to best protect your interests.
It is not unusual for those who experience workplace injury to first think that the damage is not worthy of pursuing. However, some injuries take time to present and can cause issues down the track. You must notify your employer as soon as reasonably possible about the incident that has caused you injury. The longer you delay, the more you may be challenged on credibility grounds.
Immediate Steps Post-Workplace Injury (Basic):
- Report the incident and your injury to your employer / HR / union representative.
- Complete a claim form and provide to your employer or call WorkSafe (1800 136 089).
- Obtain a Certificate of Capacity from your doctor and provide to your employer if you are unable to work.
- Record contact details of any witnesses or bystanders to the event.
- Take photos that may help to illustrate how the injury occurred.
- Engage a trusted legal professional as soon as possible.
Once your claim is accepted, you will likely be entitled to a weekly wage and permanent impairment benefits and / or medical assistance. Any entitlement to claim further — a common law claim for negligence — must commence within six years from the date of the injury, although this can be extended in special circumstances.
Note: There is no need to worry that your claim may financially damage your employer, they are legally required to be insured for claims under WorkSafe. The worst-case scenario is that your employer’s next insurance premium may be increased. However, the point of their WorkCover insurance is to cover these types of events, this should not have ramifications for the injured person.
If you are looking for more information on workplace injury or are ready to commence the claims process, arrange a free, no-obligation appointment with Mark Ryan, the Legal GP. It is never too early to get advice!