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General 3,964 views Feb 08, 2019
5 Biggest Myths When It Comes To Filing A Workers Comp Claim

It Was Your Fault

Even if the accident was your fault you still have the right to file a claim for workers compensation.  This is due to the fact that workers comp is considered a no-fault claim.  However, it should be noted that if you were on drugs or alcohol while the accident happened then you will probably be denied or are unable to file a claim,  Another thing to keep in mind is that you cannot file a mental illness claim for workers comp.

 

You’ll Get Fired

Your employer needs reasonable cause to fire you (technically).  So if you file a workers comp claim you should not be fired and if so your employer could face repercussions.  So you would do best to lawyer up before you file a claim and protect yourself from any funny business from the company your work for.

 

All the Time in the World

Another common misconception regarding workers comp claims is that you can file a claim at any moment after your injury.  This is not the case. There is a statute of limitations on when an employee can file a claim after an injury.  The time clock on this starts ticking the day of your injury and you have exactly one year to file something.

 

Pre-Existing Conditions

If you have had a history of injuries you can still file a workers comp claim so long as the latest injury happened on the job and you were not drunk or high.  Many people think they are not allowed to make a claim if they have a history with an injury, but you can still do it.

 

Wash Your Hands of it

Our last myth about workers comp claims in Australia is that once you file your claim you don’t have any other requirements.  You must keep in contact with your lawyer on a regular basis. You’ll need to keep them posted on how your healing process is going otherwise you can lose out on your benefits.  You may also need to come into work on a part-time basis depending on the severity of your injury or injuries. When the claim officer assesses the extent of your injuries a reasonable timetable and possibly an easing back to regular hours will be implemented.

 

Source: foylelegal.com

 

 


Tags: #Workers com