Have you suffered an injury due to a third party’s negligence? If so, you will probably seek legal advice or compensation advice for your claim. As the injury can impact your current and future employability, a successful compensation can help regain any economic loss. To ensure you receive everything you’re entitled to, follow these simple tips.
An injury can alter your life significantly. We understand how challenging it is to handle these changes before your compensation claim is finalized. You may have non-negotiable financial obligations, such as a mortgage, rent, or car payments, for instance. Your injury may force you to consider reducing your work hours, or perhaps ceasing employment entirely. However, this is not practical for most people. Although your health would benefit, the bills keep coming in. If you’re feeling stuck and need someone to speak to, or someone to provide advice, contact, call or email KMB Legal today for expert legal advice.
After sustaining a serious injury, consulting your GP regularly is very important. Ensure you inform them of the ongoing impact the injury is having on your physical and/or mental wellbeing. Also, report if you are experiencing an inability to work or enjoy your daily activities.
• You’ve taken pain relief prior to the appointment to oversee injury management
• You’re suffering chronic pain or are unable to cope with your job due to pain
• You’re suffering anxiety, depression in the present, or any other mental health condition as a result of your injuries
You may not be able to perform domestic chores, such as gardening or home maintenance, for instance. Or, you may be unable to participate in once enjoyed recreational activities, or even have sleep disturbances. Speak to your doctor.
This information is crucial to your compensation claim, so make sure you provide information to your doctor.
When making a compensation claim, you shouldn’t inflate or downplay your injuries. If you notice pain flaring up and find work is making them worse, we advise taking sick leave. Never risk aggravating your personal injury further by continuing to work. Not only could your injury worsen, but you risk allegations your injury is not as serious as you’ve stated. If necessary, take unpaid or holiday leave. And remember to keep a record of the time off you’ve taken due to injury.
After sustaining an injury, it’s common for employees to find aspects of their jobs more challenging. If you are facing problems at work, feel free to discuss these with your supervisor. However, if you feel reluctant to do this, at least mention the issue with your co-workers. Always seek assistance with duties you find difficult. This allows us to gather statements from your supervisor(s), co-workers, or perhaps both, vouching for the restrictions you are facing in your work.
Are you facing problems undertaking your regular work hours? Do you feel reducing your hours would assist in your recovery? If so, arrange for fewer hours and see if your injury responds well. Remember, you are not required by law to work in pain.
If you suffer pain during your shift, consult your doctor and ask about injury management whether they believe reduced hours would help.
If they agree, you’ll be issued a medical certificate. This advises that your work hours should be reduced until you deal with your health issues.
It’s important to note that you can only do so before your compensation claims are finalized.
Your doctor may recommend you seek alternative employment or stop working entirely. In this case, you must do so before the compensation claim is finalized. And, as with the above rule, you cannot do so after the claim is finished.
In cases when injuries are especially severe, you may have to resign from your job. To ensure the compensation claim process goes smoothly, you must notify your employer in writing. And, make sure your resignation letter clearly states that your injury is the reason you have to leave your job.
If you are terminated from your job after sustaining your injury and believe this is the sole reason, notify your GP immediately. Tell them that you feel the termination is due to the impact injury is having on your work performance, so they can make a note in your records.
In addition, you must inform your solicitor of any changes in your employment status. This is crucial regardless of whether it is due to termination or reclassification of your duties, as it’s a vital element of your compensation claim.
A reliable witness can prove an invaluable part of a successful compensation claim. Ensure you note down and keep a record of your workmates’ contact information.
This will allow our team to gather witness statements from them and provide more information that can speed up the process of compensation claims.
However, keep in mind that memories tend to fade and your co-workers may even switch jobs. So, the sooner you can provide us with this information, the more likely it is we will obtain accurate and favourable statements from them.
Are you self-employed and struggling to maintain your workload following an injury? If you answered “yes”, you may be able to employ someone to assist you.
If you pursue this option, it’s important to keep accurate records of extra wages paid and a description of the new employee’s job responsibilities.
However, if you cannot afford to hire extra help or cannot find a suitable candidate, keep clear records of the work you have had to turn down and the resultant lost income. Also, ensure you note any future business opportunities you have lost due to your injuries.
These may be lost projects due to turning down a regular client, or because you cannot perform certain duties anymore.
To help negate the financial loss incurred by a personal injury, contact KMB Legal today and our personal injury lawyers will help you. We act and provide guidance at no cost. We are your compensation, claim experts.
KMB Legal is a boutique law firm whose main practice areas are Family Law, Commercial Law and Personal Injury Law. Established in 2016 out of a need in the market for speciality legal services with a strong customer focus. We pride ourselves on our commitment to our clients, who don’t see us as their law firm, rather as their trusted legal advisors.
Law Practice is owned by MB28 Holdings Pty Ltd ABN 58 436 026 865 Incorporated under the Legal Profession Act 2007
Phone:
(07) 5649 6668
Email:
info@kmblegal.com.au
Address:
Level 9, Wyndham Building, 1 Corporate Court Bundall QLD 4217
PO Box: PO Box 5351, Q Super Centre QLD 4226
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