Employees who suffer a work-related illness or injury may make a workers’ compensation claim to their employer’s insurer.
Sometimes an employer will disagree with the claim made by the employee. For example, an employer may disagree that the illness or injury is work-related. In particular, for psychological injury claims, there is often significant disparity between the employee’s and the employer’s version of events giving rise to the alleged injury. It is imperative where an employer does not agree with a claim, that they provide a written response to their workers’ compensation insurer outlining why the claim should not be accepted.
Employers also need to understand their obligations with respect to an employee who has made a workers’ compensation claim and the risks in terminating their employment where they are absent from work for an extended period.
Common mistakes we see with workers’ compensation claims
- Not challenging a workers’ compensation claim that the employer disagrees with.
- Mismanaging an employee who has made a workers’ compensation claim or has returned to work after making a claim.
- Terminating an employee’s employment because they have made a workers’ compensation claim.
How can we help you?
Our experienced Employment Lawyers regularly assist clients with workers’ compensation related matters, including insurance classification and premium issues.
We prepare responses to workers’ compensations claims on behalf of employers, with excellent success rates in having claims rejected at the initial insurer level, as well as upon review to the Regulator and Queensland Industrial Relations Commission.
We also advise employers on how to manage long term ill or injured employees who are either still receiving workers’ compensation payments and likely to do so for the foreseeable future; or who have had their claim finalised but are saying they continue to be unfit to return to work.