At the minimum, a successful claim will often reimburse: your past, present and future medical and financial costs that have and will occur as a result of your medical negligence. On top of this, you may be legible to claim a settlement figure for your pain, suffering and loss of life quality. Generally, you can claim compensation for:
- Past, present and future medical and rehabilitation expenses including paid care.
- Loss of income as a result of not being able to work.
- Pain and suffering.
- Loss in life quality.
Proving a WorkCover Claim
Accidents can happen anywhere even if the proper precautions were in place - especially for building and construction sites. In order to make a standard WorkCover claim, you need to:
- Notify your employer as soon as possible so the incident can be recorded in the Register of Injuries.
- If time off work is required, see a doctor and have the doctor complete a WorkCover certificate of capacity.
- Provide the certificate of capacity (with the worker's declaration completed) to your employer or their insurer and attach any bills or receipts for treatment.
- Participate and cooperate with the development and implementation of an injury management plan. Your employer's insurer will be in touch to develop this plan in consultation with you.
- Comply with requests for information made by the insurer within seven days. Payments may be discontinued if you do not provide this information.
- Make all reasonable efforts to return to work as soon as possible.
- If you are having difficulty with this process, or your employer is barring your claim, we can help.
Making a Claim Against your Employer
If you believe that your injuries were as a result of clear negligence and hazards in the workplace that could have been prevented with proper safety precautions and care from your employer, you may be able to make a claim against your employer.
Your claim must prove that your injuries would not have occurred if your employer acted within their duty of care.
If it was deemed that your place of work provided adequate, safe working conditions, and you were injured - It may be difficult to further pursue a compensation claim.
We appreciate that determining the difference between these claims can be difficult without expert advice. If you've been having trouble claiming compensation from your employer or via a WorkCover claim, get in touch with us for a complimentary, no-obligation consultation.
In most cases, the insurance company of your employer or WorkCover will cover the compensation settlement.
Different aspects of the work claim process take varying amounts of time.
Generally, you are able to initiate the compensation claim process three years from the date of your incident that resulted in your suffering.