Between family obligations, paying bills, and going to work, we all lead busy lives and take pride in caring for our families by going to work and getting the job done. The last thing we need though is to worry about how making a work cover claim will affect our jobs. Below, we go through this scenario to reassure you and put you at ease.
Work Cover Claims
Work cover claims are chiefly governed by the Workers’ Compensation and Rehabilitation Act 2003 (the “WCRA”), and the Workers’ Compensation and Rehabilitation Regulation 2014. These pieces of legislation are in place to protect workers after an injury and provide employers with guidelines on work cover claims. The laws in place help ensure workers do not have to worry about a work cover claim affecting their job security, which we will discuss below.
Will this cost my Employer?
Understandably, people may be concerned that starting a work cover claim will cost their employers. However, work cover claims are a form of insurance; and the law requires employers to have a WorkCover insurance policy in Queensland. When a worker has an accepted work cover claim, the work cover insurance policy pays out the Claim – your employer does not pay it. Though employer premiums may sometimes slightly increase because of a claim, this is a small price to pay for protection the work cover insurance policy affords. Therefore, you can rest assured that starting a claim will not be costly to your employer.
Could I Lose my Job?
Another concern amongst injured workers is they will lose their job if they make a work cover claim. The Workers’ Compensation and Rehabilitation Act 2003 mentioned above has specific legislation that provides dismissal protection for workers. For example, an employer cannot use your injury or illness as the sole or main reason to terminate your employment within 12 months of the injury or illness. Further, the WCRA has provisions that protect reinstatement; a worker can ask for reinstatement to their former position within 12 months of the injury or illness. As there are requirements you must meet when asking for reinstatement, it is best to speak with a work cover specialist beforehand. If there are any disputes, a worker can ask the Industrial Commission to make a ruling.
Effectively, the WCRA offers support and protection to workers so they will not be dismissed because of their injury, leaving you to focus on your health and recovery.
Am I going against my Employer?
Workers also worry that if they start a work cover claim, they are going against their employer. This is not necessarily the case. In general, the worker compensation scheme in Queensland operates on a “no-fault” basis. In other words, workers are entitled to compensation benifits regardless of who is at fault for the accident.
The focus is on ensuring you receive the benefits you deserve, rather than focusing on who is to blame. As such, you do not need to worry about anyone blaming your employer because you have a work cover claim. Accidents happen, and the work cover scheme is in place to get you better for your return to work.
Having a Work Related Accidents can be a stressful event, but you should not have to fear whether making a claim will affect your job. While the work cover claims process may seem complex, with our experience, we can help you navigate your claim. With our support, we take care of the legal and technical aspects so you can concentrate on your road to recovery.
Contact us with your questions or set up a consultation by calling 1300 695 299. We look forward to assisting you.