How to Approach Compensation If You've Been Injured at Work

Law Blog

Whenever you receive an injury, the experience can be particularly traumatic. It may be long-lasting and have a specific effect on how you live your life going forward. If you happen to have received that injury at work it can be particularly challenging, as it may affect your ability to earn a living and therefore pay your bills. What do you need to know about your rights in this situation?

What You Need to Do

In Australia, you may well be protected by worker's compensation laws with regard to an injury that happened on the job. Yet you shouldn't leave anything to chance, or "assume" that all will be well because the situation is being handled by either your employer or by the government. You need to take responsibility for ensuring that proper medical care is received and that, ultimately, you get the right amount of compensation for the situation.

What You Might Expect

Note that it is far from unusual for insurance companies to dispute the circumstances of any claim, or indeed for the employer itself to weigh in on the subject. Depending on the complexity and scale of the issue, this can lead to legal battles which go on and on.

This type of situation is commonplace and can also be seen as very unfair for you, the sufferer. You may have incurred significant injuries and need ongoing medical attention or surgery. It could be that your injuries are so significant that you may only make a partial recovery or not fully recover at all. In fact, your injuries may prevent you from working in the type of capacity that you're used to and therefore seriously affect your financial life in the future.

Questioning Everything

You shouldn't assume that an amount suggested to you under the worker's compensation scheme, or by an insurance company is the best that you are likely to get. In fact, you should automatically question any figures and not sign any paperwork until you get professional advice. Sometimes, an insurance company may reject particular benefits, even if they have been paid initially.

Dealing with Pre-Existing Conditions

Furthermore, you may have a specific pre-existing condition that may give the insurance company even more cause for concern. They may point to this condition as a way to get them off the hook and pay you even less than you might expect.

Don't Do It Alone

It's never a good idea to walk this road alone. In addition to all the medical support and vital help from family and friends, you do need to consult with compensation lawyers to make sure that you are getting the absolute best from your employer, the government or the insurers.

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17 January 2017

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