If you have been injured at work, the most important thing you must do is to report the injury to a Supervisor and complete an injury/incident report as soon as practicable, preferably on the day of the injury if possible.
When completing the injury/incident report, ensure you state a clear description of your injury and how the injury occurred. Noting the names of any witnesses who may have witnessed the incident occur is also important.
Do not dismiss your injury hoping it will get better. Any delays in reporting an accident at work could cost you your claim.
It is also advisable to see your trusted general practitioner to ensure you have medical evidence to support your claim, should the insurance company decline liability for your claim. Equally worth noting, you do not have to see the medical provider as directed by your employer. The decision as to who will be treating you is entirely your decision.
Seeking medical assistance
When seeking medical assistance, it is important that your doctor takes a full history of how the injury occurred and that this history is consistent with what you reported to your employer. Preferably, you should provide the general practitioner with a copy of your injury/incident report. Further, it is also important to advise your general practitioner of every pain and niggle that has arisen as a result of the injury irrespective of how insignificant you may think it is at the time. In some cases, it takes up to a week for the full extent of injuries to present themselves. Failure to report it to your general practitioner as soon as you become aware of any pain and discomfort may mean that your claim will only cover some, but not all of the injuries you have sustained.
As the injured employee, it is up to you to prove you have sustained an injury at work and therefore you are entitled to a claim. Workers’ compensation law is complex and the insurance companies generally have the advantage over the injured employee.
The employer will be guided through the process by the insurance company, while the injured employees are left to fend for themselves at a time of financial uncertainty and often severe pain.
However, this does not have to be the case as you are entitled to seek legal advice, for which the insurer will contribute between 50% – 70% towards your legal fees upon settlement of your claim. We offer a No Win, No Fee cost agreement and upon settlement strive to recover the majority of your legal fees from the insurer. Turner Freeman Lawyers will also cover the costs of any disbursements which include, but are not limited to medico legal reports which can cost up to $4,000 per report. It is important to understand that these medico legal reports are pivotal in supporting your claim and the fee for the reports must be paid for, before they are released by the Approved Medical Specialist.
We can help
Neish is our personal injury compensation claim lawyer and is always ready to assist you by providing comprehensive legal advice as well offering support to carry you through what can be a very difficult time in your life.