Under Australian law, WorkCover claims are legislated by the Workers Rehabilitation and Compensation Act, 1986. Any worker who is injured during the course of employment can claim, but not all claims will be approved. It is recommended that you always seek legal advice when making claims, but various situations are particularly complicated.
Advice About Your Entitlements
If you want to lodge a WorkCover claim you should ask for advice from your lawyer about what you may be able to be remunerated for. What you are entitled to depends on a large variety of factors and a lawyer can provide you with important advice about your unique situation. Compensation may potentially be available for your related expenses as well as remunerating you for lost income. In some cases you can also claim for potential future losses. In some cases you can opt for a lump sum, but these tend to be severe injuries. If you are trying to choose between a lump sum or weekly payments you should definitely seek legal advice, as it is difficult to decide what will be best financially.
If you believe that your boss is hostile about your claim then you should bring this up immediately with both your WorkCover case manager and your lawyer. Refusal to lodge documents that are part of your claim is not allowed and you should directly submit copies to WorkCover in this case. You should also consult your lawyer about your other rights. Your employer may also make difficulties after your claim. Section58B of the Act legislates that your employer must make reasonable efforts to assist you in going back to work. Your Adelaide lawyer can provide you with support and advice in this situation.
If your claim is denied then you should discuss with your case manager. If you are not satisfied after this discussion you should lodge a dispute with the SA Workers Compensation Tribunal. You may also wish to discuss with your lawyer as to the probable success of your claim.
Work Related Stress Claim
Whilst all claims can be complicated, the laws and criteria for work related stress claims are often very confusing. A lawyer can help you with the nuanced nature of your claim.
Contact your lawyer straight away if your claim is not settled to your contentment. Adelaide work cover claims are regularly multifaceted and unfair settlements can result from complicated situations. Pay rates and periods of claim may have been unfairly determined, resulting in less compensation. In compensation cases it is important to act swiftly, as A Notice of Dispute must be made within 30 days of receiving the decision.