Injury in a work-related environment immediately introduces a level of stress. You’re dealing with injuries that cause pain in your body, and almost concurrently, your concern for your finances enters the picture. What will happen to paying your expenses when you’re not working? Who is going to pay for your medical treatment? Queensland has a safety net that provides support, but understanding all this for the first time in your life is not always easy.
You might have questions about your position and entitlement if you are not familiar with the process. This short guide explains the key elements of the Queensland system so that you can concentrate on your recovery and not the details of the process.
What Common Injuries Are Covered?
If someone were to ask what a typical claim for compensation at work might involve, they might think of a slip, trip, or lifting accident occurring at a construction site. Clearly, injuries such as a strained muscle, broken bones, or a cut would qualify, however, the ambit goes much further than this.
You may be wondering about the benefits of seeking a compensation lawyer for a psychological injury. You will be surprised to learn that you can make a compensation claim for a psychological injury in Queensland. This occurs when your employment has been the major contributing factor in the development of a mental condition such as anxiety or depression. In addition, diseases caused or exasperated due to your work environment are included in this category.
Am I Eligible for Support?
Whether or not one can claim compensation depends solely on whether one satisfies a legal worker definition. This is geared to ensure worker protection, so one who is a PAYG worker with taxes payable through their wages is largely protected. This isn’t restricted to regular employees; it includes casual workers, as well as part-time ones.
The lines can become slightly unclear for contractors and subcontractors in terms of whether you can claim compensation costs. But you shouldn’t necessarily think that you can’t claim compensation costs simply because you have an ABN. In some instances, it may be that contractors are considered to be employees for compensation purposes based on the nature of their arrangement of employment and relationship in terms of payment for that employment.
How Do I Make A Claim?
The process starts as soon as you seek care from a doctor. You have to consult a doctor, and you have to let them know that you were injured at work. This way, the doctor can give you a unique document referred to as a work capacity certificate, as opposed to a standard certificate.
Once you have obtained the document, it becomes essential for you to notify your employer about the matter. After that, you are required to submit your claim to WorkCover Queensland or your employer’s self-insurer. In this context, it is important for you to note the importance of speed at this stage. There are specific deadlines for the submission of these applications, and this is why an expert workplace injury lawyer is so valuable.
What Happens With Returning to Work?
The main purpose of the workers’ compensation system is not just to pay you, but to assist you to return to work. The return to work process is commonly called rehabilitation. If you are unable to return to work right away, it is mandatory for your employer to take steps to provide you with suitable work.
Examples of suitable work may include working a reduced schedule and/or doing less physically taxing tasks that will not exacerbate your condition. Using the above example, a warehouse employee who has suffered a muscular-skeletal injury of the back may be given a suitable job of working in administration. This return to work strategy is a joint process that you undertake with your employer and your doctor.
What Do I Do if My Claim is Denied?
Getting the rejection letter is quite demoralising, but it may not be the end of the road for you yet. As a matter of fact, you have the right to ask for a review of the decision that was communicated to you through the rejection letter. The review will be done by the Workers’ Compensation Regulator. It is an independent authority that will determine if the decision was arrived at properly.
If that fails, there is also an opportunity to further pursue the case by appealing to the Queensland Industrial Relations Commission. If you find yourself in such a circumstance, it may be best to consult with an attorney to determine why your claim has been denied.
Moving Forward With Confidence
It can be frustrating and confusing trying to get through the workers’ compensation system while you are also dealing with the pain of your accident. It is important to recognise that the process is in place to help you recover and get through the tough times, and learning more about the system and what you are entitled to can have an impact on your stress levels as you seek the benefits you deserve while protecting your financial security!
