Attwood Marshall Lawyers Compensation Law Partner and QLD Accredited Specialist in Personal Injury Law, Jeremy Roche has provided these legal tips on what to do if WorkCover have rejected your claim.
Steps to claim Workcover in Qld
- Notify your employer of your injury (and how it occurred) as soon as possible. This usually involves completing an Incident Report Form with your employer
- Go to your GP and get them to complete a QLD Workers Comp Medical Certificate
- Lodge an Application for Compensation form online
- Provide a copy of your Application for Compensation and Medical Certificate to your employer
Tips for how to claim workers comp in Qld:
Obtain legal advice early – the earlier you are informed about how the process works and your entitlements to claim, the better!
Don’t let work talk you out of it
DO NOT let your employer talk you out of making a claim or obtaining legal advice. It is the workers comp insurance company that is liable to pay your ongoing workers comp benefits, NOT the employer.
If your employer makes you go to a work doctor (or any other doctor), be aware that you can (and should!) go to a doctor of your own choosing for treatment and advice.
Report all symptoms
Make sure you remember to advise your treatment providers about ALL of your injuries and symptoms – and not just the major injuries, or the ones causing you the most pain at the time.
Insurers are reluctant to pay for injuries that were not recorded to treatment providers from the outset of a claim and it is easy to gloss over injuries in the hope that those lesser pains will just go away.
Don’t try to cover for your company
Don’t try to cover for the employer by being vague in reporting how the injury occurred – be 100% honest and accurate in detailing exactly how the injury occurred.
Employers pay high premiums for workers compensation insurance exactly for these types of work accidents/injuries!
Get the names of any witnesses to your work accident, and if possible, take photos of anything that may assist in demonstrating how you were injured (eg if a piece of equipment was broken, etc).
Only YOU know how you are affected by your injuries. Don’t let your employer or workers compensation insurer push you back to work too early, or talk you out of obtaining treatment that you know you need for your injuries.
About the author
Compensation Law Partner, Jeremy Roche, heads up Attwood Marshall Lawyers’ highly reputable Personal Injuries Department and is a Queensland Law Society Accredited Specialist in Compensation Law (QLD).
Jeremy can help with No Win, No Fee claim, and can meet clients at our Brisbane, or Gold Coast locations in Robina Town Centre and Coolangatta offices and just across the QLD-NSW border at Kingscliff.