What If Your Boss Is Refusing to Cover Your Worker's Compensation Claim?

If you have been injured at work and your employer is refusing to provide you with worker's compensation, that be be scary and frustrating. However, you have rights in this situation, and it's important to understand what them. Here's what you should do.

1. Lodge a Worker's Compensation Claim

Under state legislation and the federal Fair Work Act, employees have a right to worker's compensation if they are injured on the job. If your boss disagrees with the fact that your injury was caused at work, those concerns will be heard as part of the process.

Your employer can't preemptively decide the issue and threaten you to not file a claim.

2. Note Details of the Injury

To help your claim get approved, you need details about the injury. Doctor's notes and medical records are essential. If you have sustained an injury through repeated action, information related to your job description, the activities you do and how long you have done them are also essential.

If you sustained an injury through an accident, you may want to collect eyewitness statements from your coworkers.

3. Track Conversations and Communications

If your boss is threatening to fire you if you make a claim or making other threats against you or your career, that is not okay. In fact, it is against the law in most cases. Track those communications. Make notes after conversations, and save texts, emails or other written communication.

4. Contact a Lawyer

To ensure your rights are protected, consider contacting an attorney who is experienced with worker's compensation claims. These professionals can help you lodge your claim and guide you through the review process. Because they know which documents and records are essential, they can help you to get your claim approved faster and more efficiently than you may be able to on your own.

In addition, if your boss is threatening you, a lawyer can ensure that you receive the legal protection you need.

5. Keep Records of Holiday Pay or Other Paid-Time-Off Used During This Time

When you are injured at work, WorkCover is supposed to pay your wages through the WorkSafe program. There are only exceptions if your employer is self-employed through a private worker's compensation policy, and in those cases, that policy should be paying your leave.

If you have been forced into a situation of using holiday pay or other personal time off, you should keep records of all those hours. Then, you should talk with an attorney orworker's compensation specialist about recouping that lost time and completing your worker's comp claim.