Experiencing a workplace injury – and one that affects your ability to work – can be a life-altering occurrence. It can have a lasting impact on your health, happiness and financial situation, taking your life in a new direction that you may have never considered.
Naturally, if you sustain an injury in the workplace in an incident that wasn’t your fault, you will likely want to file a workplace compensation claim. However, it can happen that your employer refuses to file the claim, leaving you in a tricky, highly uncomfortable situation.
They may also offer to pay you outside of the claims process for the cost of any added medical expenses or pay your salary for the time that you are out of work. And whilst this may seem like a tempting offer, this is generally done to avoid paying what could potentially be a much larger sum through the compensation claim.
The best workers compensation solicitors Canberra has available will always advise that by accepting salary or medical payments then you are giving up your right to pursue the claim. The claims process exists to protect Australians who are injured in the workplace, and can often provide a much better outcome than simply accepting your employer’s terms.
What’s more, as this process is generally not legally binding, the onus is on your employer to pay you, and they may decide that after you accept the payment that they don’t want to pay you anymore (which often happens with the more nefarious employers out there!).
So, the best and safest option – and the one that generally yields the best result – is to make a workplace compensation claim. It is the best way to protect you while you are injured and unable to work, which could be longer than your employer is willing to pay.
Below we will look at the benefits of filing of filing a claim and not giving into the temptation that is a quick resolution with your employer:
Why you should make a claim
If you are physically or mentally unable to work due to a workplace injury, the insurer can cover up to 95% of your pre-incident weekly salary for some time after the incident. This percentage gradually diminishes as time goes on, but it’s still a great option to have in your corner, especially if you consider the chance that your employer might desist your payments after some time.
You will also be compensated for medical and other expenses that will include injury treatment as well as other related expenses for medical travel and home requirements.
The most important thing after experiencing a workplace injury is the knowledge that you can recover with ongoing financial assistance. Your employer is unable to pressure you into returning to work whilst you are still injured, so this is the time that you should spend focusing on your health with financial assistance in your corner.
At the end of the day, your employer will likely work to reduce the extent of their financial loss due to the injury you sustained at work – this is the nature of business. However, it is important that you take your time to consider how this may affect your long-term health, happiness and financial stability.
You should seek to make a claim as this is the best way to protect you throughout the healing process. You may be out of work indefinitely, and the last thing you want in this circumstance is to rely on your employer’s word when it comes to providing you with ongoing financial support.
Contact the legal experts if you require further assistance in this challenging matter!
