Work-related stress claims seem to be constantly on the rise and the victims are seeking compensation for assisting them with other expenses associated with recovery. WorkCover, your employer’s insurer, is expected to provide compensation for the injured employees chiefly based on no-fault and as weekly payments and other expenses including medical and a lump sum payment in the event of serious permanent impairment. Claim for injured workers having a stress injury could be difficult and you may end up making certain mistakes.
As per https://www.worksafe.vic.gov.au, the claims process would be different based on precisely what you would be claiming for. You could claim for
- Weekly payments for missed time from work.
- Treatment expenses.
- Medical expenses in the form of weekly payments.
Here are some WorkCover claim mistakes to avoid.
Not Reporting Issues
Many people do not bother to report the difficulties and they bravely carry on with the injuries at work. That seems quite admirable at face value but could prove to be hugely problematic from both your health and WorkCover claim perspectives. If you fail to report your initial work injury or difficulties doing tasks, it could lead to numerous issues while you make a claim. If you have no official records, your claim could become a nasty affair with the blame-game in full swing. It is always a wise idea to report even slight injuries that are not serious at that moment. You never know how things could take a nasty turn. Remember to take relevant pictures and witness names so that you are ready to provide evidence when required. You must try to take time off if you are unable to carry on, as required.
Not Paying Attention to Medical Professionals
Exercises or stretches as directed by your doctor or physiotherapist may seem as boring as homework but that could make a huge difference in the long run. You need to follow the directives of your doctor not only to quickly recover from the injury or trauma but also because that would go a long way in proving your claim’s veracity. Your compensation may get reduced or your damages claimed in a negligence case would be reduced for not paying attention to your doctor and ignoring his advice and recommendations.
Not Appealing
If your WorkCover claim seems to be rejected, you should not get disheartened and take it for granted that it’s over. You still have 20 business days within which you must appeal the WorkCover claim rejection with the existing Workers’ Compensation Regulator.
Not Seeking Legal Counsel
Perhaps the most critical yet most common mistake you can make is forgoing legal advice. When you are weighing up the different options in front of you ranging from an appeal to lump sums offered by insurers, you should be looking for an informed legal opinion. Without an expert to negotiate on your behalf, you could end up accepting an amount that is significantly less than what you deserve to be paid. There is no reason to believe your employer’s legal department is looking after anything other than their interests. No matter the perceived complexity of your case, you should be discussing it with a WorkCover Perth experienced lawyer who would be having the expertise and proficiency in the field of personal injury litigation and is competent enough to bring successful compensation.
Waiting Too Long
Injury compensation windows can be ridiculously short, sometimes as low as six months. You should be pushing for an expert as soon as possible so you get the help and the compensation you deserve sooner rather than later. It is a simple process and might do you a lot of good in the long run. Typically the latest drop-dead date is 3 years post the incident, but you shouldn’t wait that long.
Conclusion: Avoid Inconsistent Narratives
In any legal case, especially injury cases, the worst thing you can do is to present different versions of the narrative to different people. Little details about the injury, treatments, and symptoms and so on could vary and cause major issues as the case progresses. You absolutely need to make as many notes about the incident in as much detail as possible. Get names, photos and contact details for as many witnesses as possible. Meet with your legal counsel early to form a clear narrative of what happened and how. A written record will then be prepared by them that you should treat as gospel and recount whenever you have to describe the incident.
