At Lian Hall Injury Law we are seeing a number of people who have been through hell at work and simply can’t face going back to the same workplace. If you have been battling at work and have been to your GP and have been diagnosed with a stress condition caused by things happening at work, you may have the right to claim workers compensation payments. Whether you can claim or not depends on whether you fit the definition of ‘injury’. To fit the definition you must have been diagnosed with a condition (such as Depression, Adjustment Disorder, Anxiety, or one of many recognised problems), and, your condition must have been caused by something at work (and not by something outside of work, such as a long history or a marriage breakdown or some other non-work related factor).
When can I claim for a stress injury?
To start a stress claim you must have a couple of things:
- You must have been diagnosed with something – you need an injury – no injury, no claim. Remember – only a doctor can make a diagnosis. If your think that you are battling at work, then see your GP and have a chat. If your GP makes a diagnosis then get your GP to complete a First Certificate of Capacity. GPs are usually very helpful and are very familiar with this process. Chat to your GP;
- Once you have a diagnosis and a First Certificate then you need to complete a claim form. Claim Forms are freely available – you can grab one from your employer or download one off the WorkCover website. On your claim form you need to show that your condition was caused by your duties at work rather than factors outside of work. It would be a good idea to chat to an experienced workers compensation lawyer in Perth if you have any questions about this.
What will my employer do if I submit a claim?
All employers in Western Australia must carry workers compensation insurance. Your employer will simply hand your claim form and first certificate of capacity to their insurance company. Within a couple of days you should get a letter from the insurance company telling you that they have received your claim.
The insurance company will then look into your claim and then let you know whether your claim is accepted, or, rejected, or, pended. They should let you know within 10 days.
What if the insurance company takes forever to make a decision about my claim?
Nobody should wait forever while the insurance company goes about an investigation, especially if you are using up your sick-leave or annual leave. You have the right to keep things moving along. If you get a letter saying that the Insurance Company needs time to look into your claim then you should consider getting advice from a lawyer. If you feel that the insurance company is taking too long then your remedy is to complain to WorkCover and file a dispute. We strongly recommend that you chat to a lawyer before you start the dispute process. It is very important that you get everything in order right from the beginning to give you the best chance of getting your claim accepted.
What can I do to give my claim the best possible chance?
At Lian Hall Injury Law we like to have all the information sorted out right from the beginning. You should consider getting all of the following information together:
- Your employment contract;
- Payslips for the 3 months before your stopped work;
- All receipts for the cost of treatment;
- Your medical certificates;
- Examples (with dates, names, details) of what has been happening at work that has caused your condition.
The workers comp law is there to protect workers. If you do it right, and right from the start, you will be protected. If the process sounds too hard, give us a call. Let’s get it right.
