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Do you have a compensation claim? See the 10 Rules of Economic loss

work injury

Successfully pursuing compensation after suffering an injury may mean that economic loss suffered as a result of the injury, such as lost wages or medical bills, can be recouped. Projected future losses may also be claimed, but in order for the maximum compensation to be awarded, it is important that you follow the 10 rules of economic loss.

1. Seek professional legal assistance

One of the wisest things you can do when seeking compensation for an injury is to engage a solicitor who specialises in the area. A compensation lawyer will be able to manage your claim and ensure that it has been completed as thoroughly as possible to seek maximum compensation.

Although these types of claims can be handled alone, strict deadlines apply, and missing information could mean the claim is delayed or rejected entirely.

2. Keep detailed records

Keeping organised and accurate records of expenses and lost income can be crucial to a successful claim. If you are self-employed then you may be struggling to win or complete work because of your injuries, which may mean hiring someone to undertake the work for you or turning away new clients. It is important to record these instances of lost income to be able to include them as part of your claim.

3. Collect witness’ contact details

If you haven’t already, be sure to obtain the contact details of any witnesses to the accident that caused your injury. It is important to have these to be able to have as many accounts of the accident as possible.

4. Manage your workload

Don’t overdo it. If you feel as though you can’t handle your regular work hours, you should speak to your employer to arrange a reduction in your hours or workload to see if this helps to ease your pain or fatigue.

You should attend to this before your claim for compensation has been settled.

5. Use your sick leave

If working is exacerbating your injuries it could take longer for you to heal and get back to work, so if you do not feel fit enough to work at all you should utilise any sick leave you have. If you are able to access unpaid sick leave, speak to your General Practitioner and employer about taking advantage of this type of leave so you can focus on healing. Again, ensure you keep records of any unpaid leave you take as this can be included in your claim for compensation as lost earnings.

6. Keep your employer informed

You should always keep your employer up to speed about the problems your injuries may be causing you at work. If you are not working, when your doctor has advised you may be able to return speak to your supervisor about what type of duties you may be able to return to and how your role may need to be accommodated to suit any acquired needs you have.

If you are continuing to work and are requiring the assistance of your colleagues to complete your duties, you should make a record of how they are helping you and how your injuries have restricted you from completing your job without the help of another.

7. Try alternate work

If you feel well enough to work, but not well enough to work in the same role you usually do, speak to your employer about the possibility of switching to a different role or taking on alternate tasks until you have fully healed. Ensure that you make a request to switch to alternate work while your claim is still open.

8. Visit your General Practitioner regularly

Just as you keep your employer updated, you must also visit your General Practitioner regularly to keep them up-to-date about any improvements or regression related to your injuries. You may be feeling the impact physically, mentally or both, so be as transparent and detailed as possible about the effect the injuries are having on your quality of life and your ability to work.

9. Be mindful if you resign

If you feel that you are entirely unable to work because of your injuries, you should first raise your intention to resign with your General Practitioner and ensure that you put in writing to your employer that your resignation is related to the injuries.

10. Report changes to your employment

If you experience a demotion or you are terminated from your employment after your injury is sustained and you believe that the demotion or termination was conducted because your injuries were impacting your work performance, you should report it to your General Practitioner who can record it. Be sure to explain to them that you believe the change to your employment was a direct result of your injuries.

If you need more advice or assistance in relation to a compensation claim, give our experienced Compensation lawyers a call on (07) 4052 0700.

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