10 tips for a successful compensation claim

Katie Chan • Mar 01, 2021

10 tips for successful compensation claims


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.


#1 Seek help from our compensation advice claims experts


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.


#2 Regularly follow up with your GP about your injuries

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.


When visiting your doctor, always let them know if:

• 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.

#3 Take sick leave (if needed)

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.


#4 Report any problems to supervisors/co-workers

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.


#5 Cut your work hours (if needed)

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.

Electrician

#6 Seek new employment suited to your injuries (if required)

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.


#7 If resigning due to injuries, state this clearly in the resignation letter

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.


#8 Report if employment is terminated

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.


#9 Provide witness details to income loss

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.


#10 Keep records of lost income and expenses (if self-employed)

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.

Woman counting dollar bills.

Get legal advice

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.

Death Duties Qld
By Katie Chan 23 Jul, 2022
You don’t pay inheritance tax in Australia, but there are other Death Duties to take care of. Proper planning can protect your estate, read on to find out more.
By Katie Chan 08 Jun, 2022
Do you have confidential information that you need to protect? Here's everything you need to know about the commercial in confidence agreements and how they can help keep your business safe.
By Katie Chan 08 Jun, 2022
The tax is imposed on the beneficiaries of the estate, and the amount of tax owed depends on the value of the estate. Read the full answer here.
Share by: