Workplace injuries can be physically, emotionally and financially distressing. This article will take you through the essential steps to protect your health as well as your legal and financial rights.  

Even if you don’t consider that your injury is serious, it is important to see a GP or other health care provider. Some injuries may become more noticeable later, and having a medical record detailing the occurrence of the accident is important for a potential future claim. You should provide accurate and specific information about how the injury occurred. The initial doctor’s notes will be given heavy consideration if there is any dispute down the track about how the injury occurred.  

 Some larger employers will advise injured workers to attend upon a specific ‘workplace doctor’. You have the right to attend any doctor of your choosing and do not have to attend your employer’s allocated workplace doctor. If you have seen your employer’s workplace doctor and are unhappy with their diagnosis or treatment you should see another doctor of your choosing.  

It’s crucial to report the incident to your supervisor or employer as soon as possible. Most workplaces have a specific protocol for reporting injuries. Provide a detailed account of the incident, including how it occurred, any witnesses present, and the injuries sustained. Make sure that you have read the written incident report and ensured its accuracy before signing it. 

If there is any machinery or environmental factors (such as a faulty step) involved in your accident take photographs of these as close to the accident as possible.  

Your treating doctor will be able to commence your workers’ compensation claim by preparing a workers’ compensation medical certificate and providing this to WorkCover Queensland (or your employer’s self-insurer). The Insurer will then open your claim and allocate a claim number.   

 You can also lodge your workers’ compensation claim yourself by telephone, email or online via the WorkCover website. 

 You have six-month timeframe from when you first consult a health care practitioner about your injury to lodge your workers’ compensation claim. However, it is always best to lodge your claim as soon as possible after your injury as you will only be back paid for 20 business days from the date that you lodge your claim. 

 Once your claim is lodged, WorkCover will appoint a claims officer to investigate and process your claim. The claims officer will speak to you and your employer and any relevant witnesses, about how your injury occurred. They will also speak to you about your treatment to date and ongoing recommendations for your medical or rehabilitation needs.  

 If your claim is accepted, you will be entitled to receive: 

• weekly benefits, for the initial 6 months paid at 85% of your normal weekly earnings; and 
• all reasonable medical and rehabilitation expenses.  

 You are still entitled to claim if you have not required time off work due to your injuries. This is referred to as a ‘medical expenses only’ claim and WorkCover will fund all reasonable medical and rehabilitation expenses related to your injury. 

If you sustained injuries at work, consult with an experienced personal injury lawyer, to determine whether you may be able to bring a common law claim for damages for your injuries. A lawyer can help you to understand your rights, guide you through the claims process and ensure that you receive fair compensation for your injuries.   

Maintain a file of all relevant documents, including medical records, incident reports, correspondence with WorkCover, and any other related paperwork. These records can be invaluable when building your case.   

 If you have been injured at work and would like to discuss your rights and options with an experienced personal injury lawyer, please contact us to arrange a free 30 minute consultation.