The Do’s and Don’ts of Workcover Claims
An injured worker in Queensland has the right to make 2 claims. The first one is pursuant to legislation and is called a “Statutory Claim”. The second is after the Statutory Claim is finished and allows a claim to be made pursuant to judge-made law or common law. This is a “Common Law Claim”.
In lodging either claim (but more importantly for the Statutory Claim as that occurs first) their are certain things you should do and not do.
DO
- Attend upon your doctor as soon as possible. Obtain a medical certificate;
- Report the injury to your employer and lodge a claim as soon as possible;
- Write things down. Keep a written record of things that happen (like a diary). For example:-“The safety supervisor John Smith came to see me today to take a statement about my accident. Copy statement attached”;
- Keep copies of important documents;
- Follow up meetings and telephone calls with an email confirming the content of that meeting or telephone call. If you can’t do that then write down what was discussed in the meeting or telephone call;
- Confirm with Workcover that your claim has been received;
- Ensure that any rehab program or return to work program has been designed by someone with medical or rehab training. Don’t let your employer decide what is best for you. If you have doubts about a program see your doctor about it. Your doctor may be horrified by the suggested program.
DON’T
- You don’t have to see your employers doctor or physio;
- You do not have to provide your employer with written authority to speak to your doctor;
- Do not agree to not lodge a claim for some perceived other benefit or a light duties program. Always lodge a claim;
- Don’t speak to other staff about your accident unless you are seeking witnesses or are required to speak to them (like the safety supervisor or inhouse rehab advisor). Their memory about what you say may not be correct.
- Don’t believe everything your employer tells you;
- Don’t blow up at Workcover. They are trying to get you back to work ASAP. Having said that the procedures they are required to follow may not be right for you. Make sure all decisions about your health and rehab are based on medical or rehab grounds and are not for “commercial” reasons.
