An injury resulting from a slip, fall, or strain from repeated attempts to carry large objects is considered a work-related injury. The same applies when you are in an accident while driving for your employer or working from home; this is also regarded as a workplace accident.
Being injured at work can be stressful; however, you can file and workers’ compensation claim for a work-related injury. All employers must take out workers’ compensation insurance to protect employees in case of illness or accidents. This insurance provides employees with a vital safety net in work-related illness or injury.
Once you’ve filed a worker’s compensation claim, how can you ensure that your workplace injury claim is successful?
1. Ensure You Have All the Necessary Documents and Information
After you have been injured on the job, make sure that you have all the proper documentation and information you need. This would include the following:
- Ensure you have all medical records relating to your injuries;
- Insurance Plans – your employer should provide you with their insurance information;
- A copy of the worker’s injury claim form;
- WorkCover certificate of capacity;
- Witness testimony (if applicable); and
- A record of the incident that explains how, when, and where it happened.
Also, ensure that you maintain a record of the documentation for yourself. This would include receipts of treatment, medical bills, and a description of your injuries as listed by the medical doctor treating you. For the claim to be valid, you must sign the worker’s authority to release medical information and relevant personal information.
If you are unsure of how to claim for workplace accidents or your employer refuses the documentation, seek legal counsel or contact WorkSafe.
2. Make Sure You Qualify For Worker’s Compensation
By law, employers must insure their employees in the event of an accident at work, but not all injuries and people are covered. For example, if the employee is under the influence of alcohol or drugs and suffersan injury, the claim for compensation will not be valid.
Full-time employees, part-time workers, trainees and students are usually insured. In some cases, volunteers and non-regular workers may also be involved. Contractors and subcontractors are generally not insured by the business hiring their service and should have their own insurance to cover any medical costs.
If you get injured on the job, and your employer doesn’t have WorkCover, you are still entitled to workers’ compensation. In this case, contact WorkSafe. After submitting the documents, a WorkSafe agent will process the claim.
Be aware that the business can be fined if you file for workers’ compensation through WorkSafe if they do not have the necessary insurance or the employees are underinsured. Make sure you have all the information necessary before filing a claim.
3. Get Legal Counsel To File For Compensation
Every territory has different regulations and time frames to make a claim. It can be challenging to identify the claims to which you are entitled and to understand your legal rights.
Work injury regulations can be a complex topic for most employees to understand, so it would be best to consult a lawyer to help you navigate the process and ensure your rights are fully protected. Your worker’s compensation lawyer will guide you through the entire claims process, navigate the legal system on your behalf, and ensure that you are fully informed about any issues regarding your claim.
4. File Your Claim On Time
Most territories have time limits for claiming work-related injuries. Typically, workers must file a work injury claim within six months from the injury date. However, in some cases, filing a claim can be extended up to three years.
There may be a good reason if the employee discovers the injury later. In this case, the claim period begins when the employee becomes aware of the injury and its causes, not the day the incident occurred. So file your claim on time; failure to do so may result in denial of compensation.
5. Stay Informed During The Process
Make sure you know the status of your compensation claims, such as the filing claim date, the required documents needed to file a successful claim, and any other steps you need to take.
Your employer must do the following:
- The incident was reported to WorkSafe;
- Ensure you get your employer’s signed copy of the worker compensation claim form, including your signature; and
- If you are off work due to the injuries sustained, your employer should regularly contact you about your claim.
Filing for worker’s compensation can be complicated, especially if you do not understand the process. Working with a knowledgeablle lawyer who understands the complexity of the law, the time frame in which you can file your claim, as well as guiding you through the process is best. Make sure you keep track and records of all documentation and keep up to date with the progress of your claim.
HR Future Staff Writer