Getting injured at work can have devastating financial and physical consequences and be especially worrying for tradesmen who rely on their physical strength for their jobs. The process for claiming compensation can seem a little difficult at times. The difficulty usually comes with legal jargon and bureaucratic hurdles.
For many tradespeople, there may be an incomplete understanding of their rights and how best to navigate the claims process. Awareness of what to do after an injury can play a huge role in the outcome of any compensation claim.
This article will give you practical tips on how to create a strong case, ensuring that tradesmen receive the financial assistance they need to recover and return to work.
What do you need to know?
In Australia, the laws regarding workers’ compensation are meant to support employees injured in the workplace. The laws guarantee that all workers who suffer workplace injuries are provided with adequate benefits to care for their medical needs, loss of income, rehabilitation, and sometimes even a lump sum for a permanent disability. Different states have particular schemes that are managed by agencies like WorkSafe Victoria (VIC), icare NSW (NSW), WorkCover Queensland (QLD), ReturnToWorkSA (SA), WorkCover WA (WA), WorkSafe Tasmania (TAS), NT WorkSafe (NT), and WorkSafe ACT (ACT). Understanding your rights can help you get in touch with your local workers’ compensation authority or solicitor.
Common injuries tradesmen can face
Since the work of tradesmen is very physically demanding, tradesmen are susceptible to getting injured. Some of the common ones are accidents like falls from height, which include falls from scaffolds, roofs, and ladders. Other common ones are musculoskeletal injuries like strains and sprains as a result of overworking and repetitive actions. Accidents using tools like power tools, drills, saws, and other machinery lead to serious dangers. Also, long-term exposure to harmful materials like asbestos, chemicals, or silica dust is a serious menace. Electricians and welders are at risk of getting electrocuted and burnt while using forklifts, trucks, and other site vehicles, which is a major cause of work-related injuries. Possibly the most important step, regardless of the injury you have suffered, is protecting your rights and claiming the compensation that you deserve.
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How do you build a strong case for tradesmen’s compensation?
To build a strong case for compensation, it’s important to act quickly. Start by reporting the injury to your employer or site manager immediately after it occurs. Delaying your compensation request can weaken your case and give insurers reason to question its validity.
Following that, seek medical attention despite the seeming nature of the injury, as it is vital that it is done professionally so it can be well documented. Documenting medical reports, incident reports, photos, and witness statements will help obtain crucial evidence.
When all the documents are ready, you should then file your workers’s compensation claim. If you are employed, you can file the claim through your employer; if you are self-employed, you can file it through your personal insurance. To successfully file a tradesman’s compensation, knowing your rights is important.
The compensation may cover lost wages, medical costs, rehabilitation expenses, and even lump sum payments for permanent injuries.
If your claim is denied or the compensation offered is insufficient, you can challenge the decision by requesting a review, providing additional medical evidence, or filing a formal complaint with your state’s workers’ compensation tribunal. In these situations, seeking legal advice can be helpful, especially since many law firms work on a “no-win, no-fee” basis, meaning you only pay if you win your case.
