It is important to know the “dos and don’ts” when making a worker's compensation claim after a workplace accident or incident. People tend to believe claiming compensation for workplace injuries is an easy process, however, there are strict time restrictions you have to comply with when commencing a claim.
In the Comcare worker’s compensation case of Yawari and Australia Postal Corporation, the worker applied to the Administrative Appeals Tribunal because her employer, Australia Post, refused her application for worker's compensation for mental injury, which she claimed was due to bullying. She won!
In October 2023, the Administrative Appeals Tribunal determined that a worker’s psychological injury was not caused by work, as she claimed. This decision confirmed the employer’s decision to reject her application for compensation under the Comcare scheme.
Case review: Judge awards injured worker common law damages in the amount of $825,000. This was in addition to his statutory compensation from Workcover Queensland of $95,000. In total, the injured worker was awarded just shy of 1 million dollars in damages due to his employer’s negligence.
Many people think claiming compensation for MVA injuries is an easy process, however, it can leave you exposed to insurance companies who have plenty of experience in defending compensation claims. It’s important to understand that an insurance company’s interests are not necessarily the same as yours.