Injury Claims Process
We strongly advise you to:
» Report the Injury
After sustaining an injury in the workplace, it is very important to report your injury to your employer. It’s important to advise them that an accident has occurred and as a result you have suffered an injury. In doing so, an incident report can be made and you may be supplied with the applicable forms to complete and they can get in contact with their insurance company to be guided on the correct steps they should take.
Motor Vehicle Accident
After having a car accident you should obtain as much information as you can about the other driver, where you had the accident and details of any witnesses. This is to be done only if you are in a stable condition to do so. You then must report the accident to the police and obtain a Traffic Incident Number (TFN). If a report was not made, this may interfere with you pursuing a compensation claim.
Public Liability Claim
You should make an incident report to the owner of the property or business where you have injured yourself and obtain information about the surroundings of the accident and their insurance company.
» Consult your Doctor
For all types of compensation claims, consulting your Doctor about the injuries sustained is very important in pursuing a claim for compensation. It is not only for your well being but to support your claim as you need to have some sort of medical evidence and diagnosis of your injury. When consulting your doctor you need to ask for a medical certificate which will be used for the lodging of your Claim.
» Ongoing Medical Treatment
In pursuing a compensation claim you are required to have all reasonable and necessary medical treatment. This is important not just in your recovery but also for your claim. You have an obligation to mitigate your loss. This means that you should undertake treatment that you have been referred for and are comfortable with. If you are concerned about this obligation, please contact us to discuss this further.
We will obtain copies of medical reports from your treating doctors and the Insurance Company doctors. It is likely that we will also send you for an independent medical assessment with a doctor of our choosing who will provide a fair, unbiased opinion of your injuries, prognosis and future treatment needs.
1. Specialists and doctor reports from the insurance company’s doctor as well as your solicitors
2. A specialist report from your solicitors will provide you with a different opinion to the insurance company’s specialist reports
It can take between 6-18 months for you to become medically stable. Once you have reached the point where you have received maximum medical attention and your injury is neither getting any better nor getting worse (stable and stationary), you may be in a position to progress your case to the settlement stage.
» Seek Legal Advice
Seeking legal advice can help assist with the claims process and make your aware of your further entitlements, legal rights and what the next step for you to take is after injuring yourself. They can offer you case reviews which outlines everything is which you need or want to know about your claim such as what you can claim, how to claim, how the process works, how long it takes etc.
Seeking Legal Advice also assists with the lodging process right through to taking the day-to-day stresses away till settlement.
» Start your Injury Compensation Claim
To lodge a Workers Compensation you need to complete the Claim Form in which should be supplied to you by your employer or most Claim Forms are found on the WorkCover websites of your state of injury. This needs to be lodge with your employer insurances company along with the Medical Certificate from your doctor. You can generally complete the forms and then fax it over to WorkCover along with the medical Certificate.
Motor Vehicle Accident
To lodge a Motor Vehicle Accident claim you must complete the applicable forms that the person at fault insurance company sends to you and return it to them along with the Medical Certificate. Or worse case scenario you do not know, then you need to contact your insurance company and they will send you the Forms to complete and return then they will advise you further.
Public Liability Claim
To Lodge a Public Liability Claim you need to have completed the PIPA Form (Personal Injury Proceedings Act). This particular form is provided to you by a Solicitor only. After you have completed this you then need to submit the Form to the person at fault insurance company. If the insurance company is unknown, you need to get in contact with a Solicitor who can assist you.
» What if your Compo Claim is Rejected?
If your claim has been rejected don’t be alarmed, there are three (3) alternative options to obtaining compensation and by contacting a personal injury Solicitor they can advise you further of those options.
Help and assistance is available.
» What if your Compo Claim is Accepted?
It takes up to 28 business days for your claim to reach decision to be accepted or rejected.
After receiving notification that your claim has been accepted by the insurance company, you may start receiving:
1. Your weekly wage (not 100% depending on your state of injury as all states and Territories have different laws
2. Out of pocket expenses
3. Payment or reimbursement of medical expenses, and
4. Referrals to medical specialists and rehabilitation providers.
» Requesting a Settlement Amount
If the Insurance Company makes an offer of money to you it is very important that you DO NOT offer to accept or to reject. You usually have up until 20 business days to accept this offer. If you have received an offer, contact a personal injury lawyer as you could be waiving your rights to a further damages claim which is much higher or could be agreeing to receive less than your true entitlements.
Please BE AWARE that the insurance companies DO NOT take your:
• Past losses into account such as the wages you have lost and medical expenses;
• Future economic loss that is anticipated you will lose;
• plus the medical expenses you will incur in the future;
Pain and suffering
The offer may look appealing but once you sign to receive the offer, you will lose all your future rights to be compensated in the future. For example, if you receive the offer and two (2) years later you need surgery, you cannot claim again. Those expenses will have to come out of your own pocket.