Injured at work? Don’t let your boss stop you from filing a WorkCover claim!
By Mengpei Gao, Principal Solicitor, Ascent Lawyers
What if your boss discouraged you from filing a workers’ compensation claim after an injury? While most employers support their injured workers, some may unintentionally or intentionally discourage claims. If you’re facing this situation, here’s what you need to know to protect your rights and your future.
1. Your rights as an injured worker: As an employee, you have the right to seek workers’ compensation if you’re injured at work. This means your medical bills, lost wages, and other related expenses may be covered, regardless of what your employer says.
It’s important to remember:
• Employers are legally required to report serious workplace incidents (notifiable incidents) to the authorities.
• Filing a workers’ compensation claim is your decision - not your employer’s.
• You are protected by law from being fired for lodging a claim.
Do not let fear or uncertainty stop you. You are entitled to the support you need to recover.
2. Common tactics employer use to discourage claims: While most employers aim to support their workers, some might discourage claims through tactics like -
• Downplaying the injury: Suggesting your injury is minor or does not require medical attention.
• Questioning work-relatedness: Claiming the injury occurred outside of work.
• Using vague threats: Implying that filing a claim might harm your career or lead to job loss.
3. How to respond to employer tactics: If you experience discouragement or intimidation -
• Seek medical attention immediately: Ensure your GP records all details of the injury and how it occurred.
• Document everything: Keep records of any negative actions your employer takes after your claim, such as changes in job duties, hours, or pay.
• Know your protections: It’s illegal for an employer to retaliate against you for filing a workers’ compensation claim.
• Consult a lawyer: Contact a personal injury lawyer to guide you and ensure your rights are upheld.
4. Documenting your injury: Proper documentation strengthens your claim. Here’s are some things you can do to ensure proper documentation -
• Take photos: Capture images of your injury and the accident scene, including equipment or hazards involved.
• Gather witness statements: Ask co-workers who saw the incident to provide written statements.
• Keep a journal: Record symptoms, medical treatments, and how the injury impacts your daily life.
Good documentation ensures consistency in your claim and provides strong evidence if it’s disputed.
5. Why filing a WorkCover claim matters: Filing a workers’ compensation claim protects your well-being in several ways -
• Access to medical care: Covers treatment costs such as doctor visits, medication, physiotherapy, or surgery.
• Financial support: Replaces lost income during your recovery, reducing stress while you heal.
6. Steps to filing a WorkCover claim: Follow these three simple steps to file your WorkCover claim -
• Report the injury to your employer: Notify them as soon as possible, preferably in writing.
• Complete a Work Capacity Certificate: Your GP or hospital can help you with this.
• Lodge the claim: Choose the method that works best for you (online, by phone, or via fax/post).
7. Helpful resources for injured workers: If you’re unsure where to start or need extra support, these resources can help-
• How to make a claim
• Make a claim online
• Payments and support you may receive
