What happens after you make a workers' compensation claim?

Published by Marshall & Gibson Lawyers on the 11 May 2017

No one likes to think about a scary incident happening in the workplace or an injury keeping them away from work, but what if the unthinkable does happen? Do you know the process that follows from there?

Many employees are trained to understand that when an injury occurs, the first order of business is to file a workers' compensation claim. Of course, that's only the first step. What happens once that claim is on file? How will your claim be handled, and what will the process be after that? You have to think about things like recovering from your injury, getting back to work and collecting whatever payments you're entitled to. There's a lot to juggle.

Knowing how your workplace injury claim is handled

When you're injured at work, you have to put in a claim that provides all the details of how the accident happened and what damages it caused. Once this claim is submitted, it's up to WorkCover to decide whether you're entitled to any compensation or other assistance with returning to the job.

According to WorkCover Queensland, this determination can be made based on a number of criteria. The WorkCover office will have to confirm that you're considered a worker, that the incident happened on work grounds during your hours of employment and that the injury was caused by a specific work-related event. If all of this checks out, you might be entitled to damages.

Dealing with the aftermath of a work-related injury

There's a good chance that after a major workplace injury, you won't be able to return to your usual job responsibilities right away. If this is the case, your employer is required to be accommodating of your situation.

Work with your bosses to get an alternate assignment - one with lighter duties that you can handle. If they aren't able to help in this area, or if they put up a fight when it comes to paying workers' compensation, you might have grounds to pursue a legal case.

Deciding whether legal help is necessary

After a work injury, there are all sorts of compensation you might be entitled to. You deserve payment for the time you've missed, the treatments you've paid for and the pain and suffering you've been subjected to. If there are any hangups with getting this money paid out, consider getting legal help.

At Marshall and Gibson Lawyers Sydney, we specialise in workers compensation claims and are happy to be of service. If you'd like a free case evaluation to find out where you stand, don't hesitate to send us an email or give us a call on 1800 675 417.