All Queenslanders have a right to be safe at work. In recent years, the State government has strengthened laws to protect workers, introducing industrial manslaughter laws to take serious action against negligent employers who are held responsible for workplace fatalities. Regardless of the injury, physical or psychological, workers have rights if they find themselves harmed due to their work. In this article, Partner Jake Gardiner shares the top 5 steps that you should take if you have been injured at work. The following insights could make all the difference in your recovery and financial security.
1. Seek Medical Treatment
It’s very important that, regardless of the nature of your injury, you seek medical treatment as soon as possible. Early intervention can make a real difference in terms of your recovery. Equally, it’s very important that you consult an independent GP, rather than a company-recommended doctor. If you’ve got a usual GP, then they’re best placed to provide initial treatment and associated recommendations.
2. Report Your Work Injury
You should make a written report to your employer about your injury as soon as possible. Even if a verbal report is made, this should be followed up with a written account of what has happened – either by lodging a form, or sending an email to the employer.
If the incident is serious, you can also consider making a report to a relevant body such as Workplace Health & Safety Queensland.
3. Lodge a WorkCover Claim
If you can’t work, or can’t perform your normal work duties because of your injury, you should talk with your GP about making a workers’ compensation claim. The GP will need to give you a certain Medical Certificate to lodge this claim. You should then provide this to your employer (or to WorkCover Queensland if you aren’t able to provide it to your employer) so that the claim process can commence. There are a few Queensland employers, such as the major supermarkets, some meatworks and local councils who are self-insured, so if you work for them, you’ll need to speak to the emloyer’s workers’ compensation unit.
Under a workers’ compensation claim, you will be able to access:
- Funded medical treatment
- Funded rehabilitation
- Funded professional care services, if required
- Weekly compensation benefits for periods when you can’t work
- Possible lump sum compensation
4. Take Time to Recover from your Work Injury
Ensure that you get the best medical treatment and focus on your recovery. All treatment should be privately-funded by the insurer, so you don’t need to use Medicare or wait for public appointments.
Be guided by your treatment providers about any return to work. Don’t be pressured to do anything that may jeopardise your recovery.
It’s also very important to consider all of your injuries, including any mental or psychological distress that can often result following a workplace accident. Often injured workers will benefit from some counselling or similar treatment; the insurer should also meet the costs of this.
5. Consider All of Your Legal Options
You may also be entitled to lump sum compensation for your injury. It’s very important that you obtain legal advice about this, before you make any decisions. Strict time limits apply to such claims, so it’s best to find out where you stand as soon as possible.
Our expert compensation lawyers can provide free legal advice so that your rights and interests are protected.
If your ability to return to your normal work duties is permanently impacted by your injury, you may also have entitlements to make other compensation claims associated with your superannuation, including income protection and total and permanent disability claims. Our lawyers can help with these matters also.
How We Can Help If You Have Been Injured at Work
At Evolve Legal, we understand how overwhelming it can be to navigate the legal and rehabilitation process after a workplace injury. Our team of experienced personal injury lawyers is here to guide you through every step, ensuring that your best interests are protected and that you receive the compensation that you deserve. From helping you to lodge your WorkCover claim, to exploring potential lump sum compensation or superannuation entitlements, we are committed to helping you.
If you have been injured at work and are suffering from an injury, please do not hesitate to contact Evolve Legal today for an obligation free initial consultation.
Posted in: Personal Injury
October 03 2024