Injured at Work? Don’t Let Your Boss Stop You from Filing a WorkCover Claim!
In the unfortunate event that you sustain a work-related injury, it is crucial to be aware of your rights as an injured worker. However, some employers may discourage or even explicitly tell you not to lodge a workers compensation claim. This situation can leave you feeling helpless and uncertain about your options.
If you’re facing this situation, here’s what you need to know to protect your rights and your future. Rest assured, Ascent Lawyers is here to support and guide you through this challenging circumstance.
1. Your Rights as an Injured Worker
As an employee, you have the right to seek workers’ compensation if you’re injured at work. This means your medical bills, lost wages, and other related expenses may be covered, regardless of what your employer says.
It’s important to remember:
- Employers are legally required to report serious workplace incidents (notifiable incidents) to the authorities.
- Filing a workers’ compensation claim is your decision—not your employer’s.
- You are protected by law from being fired for lodging a claim.
Do not let fear or uncertainty stop you. You are entitled to the support you need to recover.
2. Common Tactics Employers Use to Discourage Claims
While most employers aim to support their workers, some might discourage claims through tactics like:
- Downplaying the injury: Suggesting your injury is minor or does not require medical attention.
- Questioning work-relatedness: Claiming the injury occurred outside of work.
- Using vague threats: Implying that filing a claim might harm your career or lead to job loss.
3. How to Respond to Employer Tactics
If you experience discouragement or intimidation:
- Seek medical attention immediately. Ensure your GP records all details of the injury and how it occurred.
- Document everything. Keep records of any negative actions your employer takes after your claim, such as changes in job duties, hours, or pay.
- Know your protections. It’s illegal for an employer to retaliate against you for filing a workers’ compensation claim.
- Consult Ascent Lawyer. Contact our specialised personal injury lawyer to guide you and ensure your rights are upheld.
4. Documenting Your Injury
Proper documentation strengthens your claim. Here’s how to do it:
- Take photos: Capture images of your injury and the accident scene, including equipment or hazards involved.
- Gather witness statements: Ask coworkers who saw the incident to provide written statements.
- Keep a journal: Record symptoms, medical treatments, and how the injury impacts your daily life.
Good documentation ensures consistency in your claim and provides strong evidence if it’s disputed.
5. Why Filing a WorkCover Claim Matters
Filing a workers’ compensation claim protects your well-being in several ways:
- Access to medical care: Covers treatment costs such as doctor visits, medication, physiotherapy, or surgery.
- Financial support: Replaces lost income during your recovery, reducing stress while you heal.
6. Steps to Filing a WorkCover Claim
Follow these three simple steps to file your WorkCover claim:
- Report the injury to your employer: Notify them as soon as possible, preferably in writing.
- Complete a Work Capacity Certificate: Your GP or hospital can help you with this.
- Lodge the claim: Choose the method that works best for you (online, by phone, or via fax/post).
Refer to the image below for an overview of the process:
7. Helpful Resources for Injured Workers
If you’re unsure where to start or need extra support, these resources can help:
8. Seek Professional Legal Advice
Navigating employer resistance can be daunting, but you don’t have to face it alone. Seeking legal advice from professionals who specialize in compensation law is crucial in this situation. At Ascent Lawyers, we are well-versed in advocating for injured workers who encounter obstacles from their employers. Our dedicated team will assess your case, explain your rights, and guide you through the entire process.
We understand the distress and helplessness you may feel when your employer discourages you from seeking the compensation you deserve. Rest assured, our compassionate lawyers are here to support you, provide expert guidance, and ensure that your rights are protected without compromising your professional relationship.
9. Contact Ascent Lawyers for Empathetic Legal Assistance
If your employer has advised against lodging a workers compensation claim, leaving you feeling trapped and unsure about your next steps, reach out to us without delay. Ascent Lawyers is committed to assisting injured workers like you, who face resistance from their employers. Our experienced team will provide personalized legal advice and dedicated support to help you navigate this difficult situation successfully. Don’t let employer opposition prevent you from asserting your rights
