Making a workers compensation claim after a workplace injury can feel confusing and overwhelming. Many people assume the process is straightforward, but strict requirements and time limits apply.
To make a successful claim, you must meet certain eligibility requirements and follow the correct process. You may also need to deal with insurers who have significant experience managing and defending compensation claims.
You only have one opportunity to achieve the best possible outcome for your claim. For this reason, we recommend obtaining legal advice from an experienced workplace injury claims lawyer before taking action.
This guide explains the important dos and don’ts when claiming compensation for workplace injuries.
DON’T Handle a Workplace Injury Claim Without Legal Advice
Workers compensation claims involve strict rules and requirements. You must satisfy certain criteria before you can receive benefits, including weekly payments and coverage for reasonable medical expenses.
If your employer’s negligence contributed to your injury, you may also have the option to pursue a common law damages claim. This type of claim may include compensation for past and future loss of income, loss of earning capacity and superannuation.
In New South Wales, workers compensation claims are managed under the State Insurance Regulatory Authority (SIRA) framework. Understanding your rights and obligations early can help you avoid mistakes during the claims process.
| Type of Claim | What It May Cover |
|---|---|
| Workers compensation claim | Weekly payments, medical treatment expenses and other benefits available under the workers compensation scheme. |
| Common law damages claim | Potential compensation for losses such as future economic loss where eligibility requirements are met. |
Workers compensation insurers regularly manage injury claims and understand the claims process. Because insurers assess claims carefully, obtaining advice from an experienced lawyer can help you understand your options and protect your position.
If you are not considered an “employee” under workers compensation laws, a lawyer can also advise whether another type of compensation claim may apply.
Choose a Lawyer Based on Experience, Not Just Cost
Some people choose a lawyer based only on price or location. However, experience and a proven understanding of workplace injury claims are important factors when selecting legal representation.
Many lawyers now offer flexible appointments, including telephone and online consultations. This means you do not always need to choose a lawyer located close to where you live.
DON’T Delay Reporting Your Injury or Starting Your Claim
If you suffer a workplace injury, you should notify your employer as soon as possible. Delaying the reporting process may create unnecessary complications with your claim.
In NSW, workers compensation claims have strict time requirements. The NSW workers compensation scheme provides information about making a claim, your responsibilities and available benefits.
You may also need to provide your employer with a WorkCover Certificate of Capacity from your treating doctor. This certificate helps explain whether you are fit for work, partially fit for work or unable to work because of your injury.
| Step | What You Should Do |
|---|---|
| Report your injury | Notify your employer as soon as possible after the injury occurs. |
| Seek medical treatment | Visit a medical professional and obtain appropriate documentation about your injury. |
| Keep documentation | Store medical reports, certificates, receipts and claim-related correspondence. |
| Obtain legal advice | Speak with a workplace injury lawyer before making important decisions about your claim. |
Once you lodge a workers compensation claim and the insurer accepts liability, the insurer may need to begin payments for weekly benefits and medical expenses.
However, insurers may dispute liability or delay payments where they believe they have grounds to do so. If this happens, you should understand your rights and seek advice about your available options.
Even Minor Workplace Injuries Should Be Reported
Some people decide not to make a claim because they believe their injury is minor. However, some injuries can worsen over time and may affect your ability to work in the future.
Seeking advice early can help you understand your entitlements and avoid problems later.
DO Keep Evidence and Records About Your Workplace Injury
Strong evidence can help support your workers compensation claim. You should keep detailed records from the time of your injury onwards.
Important evidence may include:
- Photos of your injury and the location where the injury occurred.
- Details of any witnesses who saw the incident.
- Medical reports and treatment records.
- Receipts for medical expenses.
- A personal journal recording how your injury affects your daily life.
- Copies of all communication with your employer and insurer.
Keeping organised records can make it easier for your lawyer to understand your situation and provide accurate advice.
DON’T Accept a Settlement or Insurer Decision Without Advice
Workers compensation insurers may attempt to resolve claims quickly by offering an early settlement. They may also dispute liability or delay making provisional payments.
Before accepting any offer or making decisions about your claim, you should obtain legal advice. A settlement may affect your future rights, so it is important to understand the consequences before agreeing to anything.
You can find further information about workplace safety obligations and injury reporting through Safe Work Australia and SafeWork NSW.
Common Mistakes to Avoid When Making a Workers Compensation Claim
| Mistake | Why It Can Cause Problems |
|---|---|
| Waiting too long to report an injury | Delays can create issues when proving when and how the injury occurred. |
| Failing to keep evidence | Missing records may make it harder to support your claim. |
| Accepting an offer too quickly | You may not fully understand the impact of accepting a settlement. |
| Handling complex claims alone | Workers compensation laws can be complicated and difficult to navigate without advice. |
Conclusion
Claiming compensation for a workplace injury can be complex. You may need to manage medical evidence, strict time limits and communication with insurers throughout the process.
This is why seeking advice from an experienced workplace injury lawyer can help you understand your rights and make informed decisions about your claim.
If you or someone you know needs information or advice about a workplace injury claim, contact Cunningham & Adam Solicitors on (02) 4987 3344 or email [email protected].