If you have had an accident at work that wasn’t your fault, you may be entitled to compensation to cover loss of earnings and medical bills. With health and safety being so stringent these days, employers have strict criteria in ensuring employees are carrying out their job in as safe an environment as possible. Sometimes, however, employers neglect those duties, and an injured worker can then file for work accident compensation.
Accident Advice Helpline has been in the business for 13 years and fights for workers’ justice. Nonetheless, there are rules when filing a work accident claim, and so it’s important to follow the dos and don`ts if you’ve had a work injury. Here are six things not to do when claiming:
1. Lie. This should go without saying, but it’s surprising how many people try to exaggerate an injury to try to increase the compensation reward. If you are caught lying, your accident claim will be rejected.
2. Claim if the injury was your fault. Injury compensation can also be granted if an accident wasn’t your fault, for example if you were using faulty products or the employer did not give adequate training. If you were negligent and had an accident at work as a result, you aren’t eligible to claim.
3. Wait over three years. An injury can only be claimed for within three years, except in mitigating circumstances (such as involving a minor). If you wait longer than that you will not be able to seek compensation.
4. Say nothing. If you have an injury, even if it’s repetitive strain injury from typing, you need to talk to your employer – they may offer a reasonable response. You also need to seek medical advice, to confirm that it is a work-related injury that prevents you from working.
5. Leave the scene. To help your case, you need to prove your stance, so take notes or, ideally, photographs of where the incident happened – for example, the puddle without a warning sign.
6. Leave it up to others. To improve your chances of proving guilt and winning your case, you need to write down everything you can – the names and addresses of people involved, including witnesses, the date and time of the incident, the person on duty at the time, and so on. This information should be kept in an organised file, for ease of reference. The more documentation you have, the greater the chance of success.
If you stick to the list of six things not to do when claiming, you will give yourself a much better chance of success.
Date Published: October 17, 2013
Author: David Brown