Workers Compensation: What preparation do I have to do to get my claim started?

Following onset of an injury or illness at work or arising out of the worker’s employment, it is incumbent upon the worker to give notice of that injury or illness as soon as practicable to the employer. Thereafter, the worker is obligated to complete and lodge a workers compensation claim with the employer for the purpose of recovering benefits to which the worker is entitled. The claim form will, in turn, be passed on to the insurer.

The first thing any injured worker needs to do is ensure that they are receiving or have received proper and adequate medical attention. The injured worker should not await any approval from either the employer or the insurer for the purpose of seeking urgently required medical attention.

The workers compensation insurer, following acceptance of the claim, will commence to make weekly payments of compensation (wages) for periods of absence from work. The insurer will also meet the cost of all reasonable and necessary medical treatment.

When able, a worker should then seek legal advice to determine what, if any, further rights to compensation may be available.

Following the engagement of Brydens Lawyers, you will be seen by one of our expert workers compensation solicitors who will take the time to sit down with you and explain all of the rights and obligations that you and the employer have under the workers compensation scheme. At our initial, free consultation, a detailed review of your particular circumstances will be undertaken to determine that you are receiving the right level of benefits being paid voluntarily by the insurer.

You will also be advised as to any additional rights to lump sum compensation commensurate with the degree of whole person impairment that results from the injury or illness (subject to certain statutory thresholds) or other claims that may be available to you arising out of the injury sustained. This may include a common law action in negligence as against your employer or as against a third all party.

When attending in conference, ensure that you bring with you a copy of all and any relevant documentation or information concerning the claim. This would include the claim number, copies of any medical reports or radiology that you may hold or any other material that you believe may assist.

In the event that the insurer has not accepted liability for your claim and you are not receiving payment of weekly compensation (wages) or payment of reasonable and necessary medical treatment expenses, Brydens Lawyers can assist by way of lodgement of an Application to Resolve a Dispute whereby your matter will be prosecuted through the Personal Injury Commission for determination.

Strict time limits apply with respect to some the common-law claims, so do not delay in engaging Brydens Lawyers for expert legal advice and representation in relation to your particular matter.

And remember, there are no fees payable by an injured worker in relation to any workers compensation claim brought for weekly benefits of compensation (wages), medical expenses or any lump sum entitlements they may have.

At Brydens Lawyers – #WE DO workers compensation claims.