What to do When the Employer Deny the Worker’s Compensation Claim
Posted on January 12, 2021 | by Shinely Ainsworth
Generally, in Australia, the employers act on goodwill to support their workers in case a workplace injury happens. Employers all around Australia are obliged to fully support their workers during their claims by guiding them through necessary situations. If an employer denies the injured worker’s claim for work comp or if the worker is not getting paid on time, the worker should immediately seek legal assistance. The worker’s compensation scheme is there to protect the workers and ease their post-accident burdens regardless of negligence. An employer might try to manipulate the worker to withdraw the compensation claim. The reason behind this is mostly the employer trying to prevent the increase in insurance premium due to the accident. If you ever accept such an offer, very likely, you will regret it in the future as severe injuries will make a significant impact on your capacity to earn. You can benefit from weekly payments, compensation for medical expenses, personal care services, and receive a lump-sum payout depending on the situation. Injured workers are supported with many payments to relieve the tough times they might encounter.
Common Examples of Unlawful Claim Denials
- If your employer offers you to compensate for your loss privately, the amount offered to you is most likely a very small portion of the money you may be entitled to receive from workers’ compensation.
- Employers usually choose this way if their businesses are not covered with compulsory workers compensation insurance or if the employer is aware of their negligence by ignoring to take preventive measures. If your employer has been negligent in your injuries, the worker sustaining injuries can also claim work injury damages. The allure of money offered to you can be hard to resist but always keep in mind that there is no possibility for a win-win situation. If your boss offers you money, you are probably being mocked.
- Your employer cannot dismiss you within 6 months of a work-related injury
- As stated in the Workers Compensation Act 1987 – Sect 248, in NSW, an employee cannot be dismissed within 6 months of being unfit for the work. If it is breached, the situation will be determined as an offense and the employer may be fined.
- An employer cannot ask the worker to withdraw his or her claim by telling them the workplace is not covered with workers compensation insurance
- Regardless of states and territories, every workplace in Australia should have workers’ compensation insurance as it is an obligation. If your employer ignores having the workplace covered with worker’s compensation insurance, you can still claim Nominal Insurer. The same applies if the relevant insurer is unknown or the employer is unreachable or unidentifiable.
Is it Beneficial to Hire a Lawyer for Workers Compensation Cases?
Severe injuries and permanent impairment are serious problems that are likely to reduce the living standards of a person. If the loss cannot be compensated, financial and psychological problems might occur due to unprofessional behaviour. Workers compensation lawyers are experts in their professions; therefore, they will prevent the under-compensation. The process might be complex and much evidence might be needed to support your claim. Your lawyer will also arrange the necessary medical appointments and lead you through the process.
Workers claiming compensation have a great advantage to hiring lawyers approved by Workers Compensation Independent Review Office – WIRO. WIRO approved lawyers will not charge you for anything and will receive their payments from WIRO. This means you can be professionally represented without any costs. You can always contact one and arrange a free case evaluation and understand your entitlements.