Working on after making a workers’ compensation claim
- 26 May 2016
Work-related injuries can have long-lasting effects. These injuries have the potential not only to impact your career, but also your confidence and personal life in general. Workers’ compensation legislation is designed to safeguard people’s livelihoods, so they can support themselves and return to work when the time is right.
There are 3 types of workers’ compensation benefits:
- Weekly compensation payments
- Payment of reasonable and necessary medical expenses
- Lump sum compensation for impairment
Some workers may be reluctant to follow through with a claim for fear of repercussions. You could feel at risk of losing your job or at least having a strained relationship with your employer upon return.
So what is the protocol when it comes to workplace compensation? What are your rights? How can you make your eventual return to work as smooth as possible?
What are your rights / responsibilities?
Put simply, anyone who has sustained an injury as a result of work can claim workers’ compensation.
There are time limits on compensation claims so you should report the injury as soon as possible. Report it to your employer, seek legal advice promptly, and obtain any necessary doctor referrals. The latter will determine the extent of the injury and the course of treatment required.
Injured employees should not be ostracised or treated unfairly for being a perceived inconvenience. You should be supported throughout the recovery process and communication about your return to work should be clear at all times.
If, following an assessment of impairment, an employee is found to have 15% or more Whole Person Impairment, you may be entitled to bring a claim for your employer’s negligence (Work Injury Damages). Strict time limits apply, so it’s important to seek legal advice immediately.
Recovery and returning to work
You’ll need to obtain a Certificate of Capacity from your doctor. It clearly outlines what you’re physically capable of doing and what should be avoided. You could well be fit to return to work even before you’re 100% recovered. This will help your employer know how they can assist your return to work, in terms of return date and whether you’ll have reduced hours or modified duties.
Try to stay positive about your injury as much as possible. Actively participate in your rehabilitation. It’s in everyone’s interests for you to be back at work as soon as possible.
Communication is vital. Stay in contact with colleagues and managers to keep them updated on your progress. Likewise, if one of your friends or colleagues is unable to work due to injury, try to visit them and remain in contact.
How will it affect your employer?
The main thing to note is that workers’ compensation is compulsory for all workplaces. They should already be making contributions – as you would with home or car insurance – so the impact is minimal when a claim is ultimately made.
Remember, you’re not asking for anything unreasonable – simply your legal entitlement. If anyone kicks up a fuss, it’s probably a sign that not everything is above board in the first place.
A Return to Work Inspector might visit an employer to check if they’re complying with return to work obligations. If employers are not meeting the requirements, they may be issued with an improvement notice or risk fines and prosecution.
If you suspect your employer is not complying with their obligations, seek legal advice immediately. You can also take the matter up with WorkSafe.
Firths does not charge anything for workplace compensation cases – not even expenses. We are paid by the Workers Compensation Independent Review Office, so you’re never out of pocket for our services.
For the best compensation advice, call Firths on 1800 631 888 or contact us for an obligation-free appraisal. We’re here to help.