Injured at Your Workplace? Here are Your Rights

2022-06-28T17:29:44+10:0011/01/2018|Injury, Workers Rights|

Injured at Your Workplace? Here are Your Rights

Have you been injured at work? We empathise. This can be a very stressful time, especially if you are unable to work for an extended period of time and have a family and financial commitments to think about.

Our goal as your legal representation is to help you with compensation so that your injury management is timely, safe, secure and comfortable. We want to help you return to work if possible, and to make the transition from working to recovery, and back to work again, smooth.

Often when people are injured at work, it is a highly anxious time. Workers wonder if their injury will be believed and whether they will be paid appropriate compensation for their injuries. There’s also the added stress of what to do if they cannot return to work. You have rights as an employee, and we will go over these in more detail here to make your workplace personal injury claim a straightforward process.

What to Do if You Have Been Injured at Work

  1. Tell your supervisor or the person in charge at your workplace that you have been injured. Get a workplace injury report written up and be sure to sign it and get it completed. If you are injured to the point of needing hospital treatment, you will need to go to the appropriate medical centre for this.
  2. If you are seeking medical treatment independently, be sure to let your treating physician know that you are being treated for a workplace injury.
  3. Get the necessary paperwork together and take it to your employer or to WorkCover direct and start your application for compensation.
  4. Go to the necessary appointments for your treatment and participate in your rehabilitation.
  5. Seek legal advice if necessary to ensure that your claim for compensation is completed successfully and fully.

Your Rights

Do I have to go to the doctor my employer recommends?

No. If your injuries are sufficiently severe, you’ll need to attend the nearest medical facility – but you’re also entitled to seek treatment from your regular doctor. At no time during the life of your injury can you be made to see a particular doctor or to attend a certain facility. You’re always entitled to seek a second or third opinion and to get treatment from a doctor who you trust.

Do I have to sign an authorisation form which allows my employer to seek information from my medical professional?

No. You are under no obligation to provide authorisation for your employer to speak to your medical professional. Privacy laws protect you, and your employer may try to get you to sign an authority to speak with your doctor directly. You are under no obligation to allow your employer to do this, and if you do not wish this to happen or if you would prefer to allow your employer to speak to your doctor through you, simply don’t sign an authorisation.

Who do I need to lodge my claim through?

Many employers will offer you advice and assistance in getting your claim started. But if you don’t want to deal with the claim yourself, you can lodge this through WorkCover or through legal representation.

When do I need to lodge my claim?

While it’s pertinent that you should lodge your claim as soon as possible if there’s an injury, you do need to make a claim within six months after becoming aware that you have an injury.

Can my employer fire me for making a compensation claim?

No. The laws around workers compensation protect you from being terminated from your employment for a period of twelve months after an injury (if the termination arises from your workplace injury). If you have been fired within a twelve-month period, it’s important that you seek legal advice as we may be able to speak with you about this matter.

What happens if my claim isn’t accepted?

If your claim for compensation is not accepted, please contact us immediately. There are appeals that can be lodged, and we can help you with this. Your injuries are important, and we can help you no matter what stage you are at.