“Will I lose my job if I lodge a claim?”: Everything you’ve wanted to ask about workers’ compensation claims
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Many injuries that occur in the workplace are not the fault of the affected person. However, what happens in the wake of these injuries, accidents and incidents is deeply personal.
In the event of an accident, people can often feel isolated from their colleagues and overwhelmed by uncertainty and the legal journey ahead.
The process of finding the right information can be lengthy and confusing as every compensation claim is different and dependent upon how the injury occurred, the type of work involved, the work arrangement agreed on, and which legislation applies to your claim.
Because no one should feel they cannot access legal assistance, we asked Partner at Maliganis Edwards Johnson (MEJ) Kirsten Leitch some commonly asked questions around workplace compensation.
What do I have to do if I am injured?
“It is important to report any incident straight away, and to ask your employer for copies of any documents that you need to fill out,” explains Kirsten. “If your employer will not give you documents you should talk to a lawyer.”
“It is also important to record in writing exactly what happened to cause the injury and get contact details of any witnesses.”
What if I want to make a workers’ compensation claim?
“You need to fill in a workers’ compensation claim form as soon as possible. This is different to an incident report form. Employers have to give employees a claim form if they ask for it.”
“For claims under the ACT workers compensation system you will also have to get an ACT Workers’ Compensation Medical Certificate from your doctor. Those two documents have to be provided to your employer as soon as possible. You are not entitled to be paid some forms of compensation until your claim forms have been lodged.”
What if I am working from home?
“Increasingly, people are doing some or all of their job from home. Just because your injury occurs at home, or outside of the office, does not automatically mean that you are not entitled to workers’ compensation.”
Will I lose my job if I lodge a workers’ compensation claim?
“There are provisions in place to prevent employers from terminating an injured worker’s employment for a certain period of time following a workplace injury.”
Where can I get help with making a claim?
“WorkSafe ACT can provide information and guidance about lodging a workers compensation claim. You can contact their Workers Compensation Hotline on 13 22 81 or contact them via their website.”
“If you have any trouble getting documents or information from your employer, or issues in relation to payment of workers’ compensation entitlements by insurers, you can contact us at MEJ – we have been specialising in workplace injury law in the ACT for 30 years and can offer you professional advice, guidance and services.”
