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Injuries in the workplace can have life-altering effects on people not just due to the actual injuries but it can create a personal conundrum for the injured worker as well. Let’s bust some myths surrounding worker’s compensation and the reasons why people (rightfully) claim compensation.
Myth: I will lose my job if I claim compensation
Fact: The idea of claiming personal injury compensation is to allow people to return to the position they were in before a workplace accident happened. When you hear that people ‘win’ compensation, this notion is false. You don’t win compensation, you are being compensated for the pain, loss and suffering your workplace accident caused. Above all, it is illegal for your employer to cease your employment due to the fact you need to access worker’s compensation.
Myth: I will need to recover and heal on my own time
Fact: The injuries suffered in a workplace accident may get worse before they get better. Recovery looks different for everyone, but usually, it takes extra medical and rehabilitation costs and most costly, it may mean longer durations off work to aid in recovery. Compensation is a means of assisting with these extra and unexpected mounting bills. Compensation will take away any feelings of economic insecurity.
Myth: My employer will have to foot the bill for my injuries
Fact: The whole idea of insurance is that it is there to compensate people who suffer loss or injury in workplace accidents. Every Australian company and employer needs to have a valid worker’s compensation insurance policy to cover all valid employees. It’s the insurance company that pays out when you make a compensation claim.
Myth: I will be forced to claim more money than I should
Fact: You will only get the compensation that you are entitled to receive and what you receive will be based on your injuries being medically detailed and full documentation of your pain and suffering. When you have had a rough time after an accident, the last thing you want is to suffer financial hardship too.
Myth: Waiting to make a worker’s compensation claim will be better for me
Fact: Generally speaking, the sooner that you lodge your WorkCover claim, the more likely it is to go through and be accepted without any issues. You generally have three years to make a claim for worker’s compensation. However, there are also additional timeframes to consider when applying to WorkCover Queensland, which is much shorter.
A claim for worker’s compensation statutory benefits must be made within six months of the date of your injury or incident. You must also ensure you report your work injury to WorkCover Queensland within six months.
In addition to all of the above timeframes you also need to ensure that you report your workplace accident and or injury to your workplace within 28 days of you being aware of your injury.
Myth: Engaging a personal injury lawyer is expensive and long-winded
Fact: The actual process to claim worker’s compensation is not complicated. After you lodge your claim with your employer, you will be asked to provide the relevant documentation. Once the claim is lodged and the employer’s workers compensation insurer accepts the claim, you will be entitled to receive weekly compensation.
Gathering together the relevant evidence can take time and can be challenging, however, a workers’ compensation lawyer can make this all easy for you. Personal injury lawyers offer their services under a no win no fee arrangement, you will be taken through the process step by step and your lawyer will look after your case from start to finish. You only pay once your case is settled; your fees come out of your awarded compensation payout.
Myth: It’s un-Australian to claim compensation
Fact: Some people think claiming compensation is a grab for cash or that they might be claiming some kind of unfair advantage. But at the end of the day, why should you struggle when someone else has caused your injuries? Secondly, what may appear to be no more than a minor injury could be something far more disabling and permanent.
The decision to make a compensation claim is in your hands
After reading this article you may still be reluctant to make a personal injury claim and that is your choice. At the end of the day, you have every right to either make a claim for compensation or not. Before deciding against making worker’s compensation claims in QLD be sure to weigh up what it may mean for you and your situation. Through a compensation claim, you are entitled to statutory benefits including weekly payments for time off work; payment of medical expenses; and a possible lump sum for any permanent impairment if the accident happened at work or travelling to or from work.
If you can’t see yourself affording additional medical expenses, lost wages and the possibility of lost future wages then it is best to speak with a worker’s compensation personal injury lawyer to understand your legal rights in this situation. And as stated above, you may continue to not want to make a worker’s compensation claim also, the ball is always in your court!