How do I know if I have a workers compensation claim?
It can be difficult to know if you have a workers compensation claim or if it is in your interests to pursue a workers compensation claim. You may be afraid that your employer will thank you if you admit to them that you have an injury which was sustained at work. Although it is true that some people do experience a more negative work environment as a result of having to put a workers compensation claim together it is illegal to sack someone if they make a complaint or an enquiry about workers compensation and could in fact lead to more legal problems for employer who engages in this type of discrimination against injured people.
The law varies between states of Australia as to what constitutes a workers compensation claim, however, every state in Australia has a workers compensation system and in most states it is compulsory for employers of a certain size to have workers compensation insurance so that if a claim does arise the employer will be able to pay any claims out of their insurance. Generally, if injury was sustained at work, you will fall under the umbrella of a workers compensation claim. If a problem is identified early by responsible HR Department then the liability of the employer can often be reduced by good workers compensation injury handling procedures and management processes which assist and injured employee in getting back to work and becoming productive again for the organisation in which they work. However, many employers do not have this long-term view of investment in staff and this reason it may be possible that it is necessary for a lawyer to become involved to protect your interests in relation to a workers compensation claim. If you are working for an organisation which simply ignores the workers compensation rules, they can be very serious consequences for the organisation in terms of fines imposed by workcover. If the debt is owed to workcover in New South Wales, it is common policy for workcover to seek that the company be wound up.
If you would like to discuss a workers compensation with a solicitor who is a specialist in workers comp areas, then we have solicitors available online now to chat you. You can post your query to the contact form to the right or click on the chat box in the top right corner of the legal lawyers site.