If you sustain injuries at work, there are several important steps you should take.

Firstly, it is crucial to promptly report the incident to your employer or manager. It is recommended to document your report in writing, which can be done through a text message or an email. If your workplace provides an accident report form, be sure to utilise it to record the details of the incident. In cases where you were working alone at the time of the injury, there might be a potential dispute regarding whether it qualifies as a workplace accident. To avoid any complications, it is essential to report the incident in writing as soon as possible.

Secondly, it is imperative to seek immediate medical attention if you are injured in an accident. Schedule an appointment with a general practitioner (GP) or visit the emergency department, depending on the severity of your injuries. Swift medical treatment is crucial to address any immediate health concerns and to establish a medical record documenting the nature and extent of your injuries.

Furthermore, it is highly recommended to consider making a WorkCover claim, as it can help cover your medical expenses and compensate for any wage loss resulting from your injuries.

The simple answer is, No, do not take the money and instead, pursue a WorkCover claim. Some employers may propose paying a sum of approximately $500 to $1,000 for medical expenses, attempting to dissuade workers from filing a WorkCover claim.

However, by lodging a WorkCover claim, you can potentially receive compensation ranging from a few thousand dollars to tens of thousands of dollars to cover your medical expenses. Furthermore, if your work-related injuries prevent you from working, you may also be eligible for compensation for lost wages. Therefore, it is crucial to refrain from accepting the employer’s monetary offer and proceed with filing a WorkCover claim.

The simple answer is that you are legally protected, so you don’t need to worry. The Fair Work Act 2009, which governs employment relationships, includes provisions that prohibit employers from terminating your employment for at least 3 months solely due to your injury. Additionally, each state has specific laws that regulate WorkCover claims and provide further protection by preventing employers from terminating your employment for a certain period of time if the reason for termination is related to your injuries. For instance, in NSW, this period is 6 months, while in QLD, it extends to 12 months. If your employer disregards these laws and wrongfully terminates you, there are legal remedies available to address the situation. Therefore, you can proceed with your WorkCover claim without worry, knowing that you have legal safeguards in place.

Yes, absolutely. You do not need to be a permanent resident to make a WorkCover claim. Therefore, don’t worry about your visa status and apply for the claim immediately. Also, making these claims will not affect your chances of obtaining other visas or permanent residency in the future, so you can move forward with the process without any concerns.

Yes, you can. Receiving medical expenses from your employer does not prevent you from making a WorkCover claim. If your employer prevents you from making a WorkCover claim, it is illegal.
However, if you want to make a WorkCover claim, you should start as soon as possible. Each state has different laws and statutes of limitations. For example, in Queensland, if you don’t start a WorkCover claim within 6 months after the accident, your claim may be denied. Therefore, it is advisable to start the process as soon as possible.

When proceeding with a WorkCover claim, in most cases, the lawyer will charge professional fees based on the hours they work. Additionally, there may be additional costs associated with the progress of the claim and gathering evidence, which is called disbursement. For example, there may be incidental expenses such as fees for obtaining the client’s medical records that the lawyer pays to the hospital can be part of disbursement.

You don’t have to pay anything towards the lawyer fees from the beginning to the end of the claim. However, once the claim is finalised, and you are entitled to receive compensation, you will make a single payment for the lawyer’s fees at the end.

Furthermore, at Park & Co Lawyers, we won’t charge any fees under a No Win No Fee agreement if the claim is unsuccessful and you don’t receive compensation. Therefore, you don’t need to bear the burden of lawyer fees.

“No Win No Fee” is an agreement with a remarkable condition that if you do not receive compensation from the insurance company due to an unsuccessful claim, the lawyer will not charge you for their fees.

However, it’s important to understand that lawyer fees are typically a combination of two main components. The first is the professional fees charged by the lawyer based on their work, and the second is the disbursement incurred for the progress of the case. For example, this can include expenses paid by the law firm to obtain the client’s medical records from a hospital.

In most “No Win No Fee” agreements, if the claim is unsuccessful and you don’t receive compensation, the lawyer cannot charge you for the lawyer’s professional fees. However, there are often cases where the lawyer can still claim the disbursement incurred for evidence gathering from the client.

Therefore, it’s recommended to carefully review and confirm the specific details with the lawyer/law firm that will handle your case.

You don’t need to worry about causing harm to your employer. In Australia, regardless of the type of insurance, whenever you use your insurance, you typically have to pay an excess fee in addition to the premiums to maintain the insurance coverage.

Similarly, with workers’ compensation insurance, if an employee files a workers’ compensation claim, the employer usually has to pay an excess fee, which is typically a few hundred dollars, to utilise the workers’ compensation insurance. While a few hundred dollars may seem significant, it is relatively very small compared to the loss associated with your injury including the costs for the required medical treatments.

Moreover, your employer has WorkCover insurance in place precisely for incidents like this when employees get injured while working. Therefore, you should feel free to proceed with a workers’ compensation claim without any hesitation or burden.

For the majority of individuals who are not permanent residents, Medicare benefits are not available in Australia although a few specific temporary visas may provide Medicare benefits.

It is important to be aware that visiting a hospital in Australia without Medicare coverage can lead to significantly high costs. For instance, daily hospitalisation expenses can easily amount to thousands of dollars.

If you are unwell and require urgent medical attention, it is crucial to seek medical care regardless of the potential cost. However, it is advisable to carefully review and understand any potential charges that may be incurred when completing hospital admission paperwork.

Moreover, in the case of injuries resulting from a car accident or workplace incident, it is often possible to have hospital expenses covered by CTP insurance or workers’ compensation insurance. Therefore, it is recommended to inquire about your rights and available options in such situations.

While it is not a common practice for insurance companies to conduct regular surveillance or investigations into your daily life, it is possible. The purpose of such investigations is to verify if the information you provided about how your injury impacts your daily life aligns with the observations made by the insurance company.

For instance, the insurance company might scrutinise your Facebook or Instagram posts, and they may even hire a surveillance company to document your daily activities.

While these investigations can sometimes complicate the claims process, it is important to keep in mind that your condition can vary from day to day, and visible evidence is not the sole determinant of your true situation. Hence, there is no need to worry excessively solely because these investigations exist.

Furthermore, insurance companies can investigate your public activities and behaviours, but they cannot intrude into your private space.

Lastly, the most crucial aspect is to provide detailed and honest information about your physical/psychological condition and difficulties to both the insurance companies and your medical providers.