Six Steps to Claim Workers Compensation: Legal Advice

07 May 2021

When injured people initially report an accident, they get a lot of input from their colleagues, general doctors, and claims administrators. Such information can be overwhelming for certain people. Furthermore, being injured at work can be a traumatic and disturbing experience—not only are you coping with the accidents’ negative effects on your health, but you’ll still need to take time off work to recover. This is especially stressful if you are the family’s sole or principal source of revenue.

However, there is some positive news. If you’ve been injured at work, you might be entitled to compensation to assist you with your recovery.

What are you entitled to?

  • Medical expenses
  • Loss of income (in the form of a weekly benefit)
  • Rehabilitation services
  • Lump-sum compensation
  • Legal cost

However, such benefits vary by jurisdiction, so you must consult an experienced workers’ compensation lawyer in your state or territory. But, regardless of where you are, there are several basic measures you need to follow while you are filing a workers’ compensation lawsuit. What are those laws? Let’s understand in a detailed step-by-step guide.

Legal Steps to Claim Worker’s Compensation

Below recommend steps must be taken immediately when a work-related injury occurs:

Step 1. Report Injury to Employer

Every employer must maintain an incident book or event report according to the law, where you will fill out your injury. In case, your office does not have one, you should send an email to your employer with written details about your condition and make a copy of this written note for your records. Remember, Your claim can be rejected if you fail to notify your employer in writing within thirty days of discovering the accident.

Step 2. Consult Health Care Provider

If you’ve had a work-related illness or accident, the first step is to get care from a doctor. Even if you believe your condition is minor, the full nature of an injury will also only be revealed over time, so it’s necessary to detail all that happened to you at this visit.

Step 3. Ask Doctor for a “Certificate of Capacity”

Once you receive the necessary checkup services and treatments, your doctor will also provide you a certificate stating that you have suffered a work-related injury, which will provide information on your condition and work capacity. The name of this credential varies by state; the most common name is a ‘Certificate of Capacity.’ This credential is required when filing a workers’ compensation lawsuit.

Step 4. Request a Workers’ Compensation Claim Form

When you mention your injuries to your boss, you should be given a workers’ compensation claim form. If they haven’t issued the form, you can get one from your doctor or your state’s or territory’s WorkCover authority. Your boss must also contact SafeWork NSW if the accident or condition is deemed severe or dangerous. It’s important to remember that your boss can’t make you take compensated or unpaid leave in lieu of filing a workers’ compensation lawsuit.

Step 5. Complete and Submit Your Claim Form

Once you get the worker’s compensation claim form, fill out the form and send it to your employer, along with your certificate of ability. For your notes, keep a copy of the completed form and certificate.

Step 6. Consult Your Lawyer If Claims Gets Rejected

Following your employer’s submission of the insurance form to their insurer, the insurer either will email you to let you know whether your claim has been authorized or not. If it is rejected or in case if you do not get any response, you can contact a qualified workers’ compensation lawyer in your state to discuss your options.

Need a Lawyer By Your Side?

Frisina Lawyers have expertise in workers’ compensation and have specialist staff that recognizes the detrimental effect an occupational accident can have on one’s health and well-being. We’re dedicated to assisting you in obtaining all of your entitlements so you can get your life back on track. So, if you, your friends, or family have been injured at work, give us a call at (02) 9602 4999. We’re happy to help!

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