Successful workplace compensation claims are complex, and sometimes involve an initial rejection of your claim. This can be an extremely stressful time for people, and can come as a real blow following the already considerable stress endured following the initial injury.
At this point it is essential to remember that this is not necessarily the end of the line for your claim .
We know many initial rejections don’t stand up to further appeal. Workplace injury claim rejections happen every day in Queensland, and as a result there is a robust and well understood appeals process. Employees’ Compensation Advisors are a firm of workplace injury compensation experts who work right across the state. We can give you expert dependable advice on what to do following the rejection of your claim and how to maximise your chances of a successful appeal.
There can be a number of reasons a workplace injury claim that should be successful may not be. Sometimes it is as simple as having not provided clear enough evidence of employer negligence, it may be that the full extent of the injury isn’t reflected in the initial submission, and on occasion, a member of the tribunal has just made an error in judging the circumstances or applying the law.
If your claim has been rejected, WorkCover will write to you regarding their decision, giving you the reasons and explaining how they reached their conclusion. These are often difficult to understand letters, containing jargon, and often reasoning you either don’t fully understand or deeply disagree with. This can be especially difficult to deal with during what is already a time of enormous stress and there’s enormous value in seeking independent advice at this stage.
We see these letters every day and we are expert advocates at navigating the difficult options in front of you following a WorkCover claim rejection. We can support you to fight this rejection and advocate for you, beside you, throughout the entire process. That means you get expert advice, and, most importantly, you get the peace of mind and confidence that only trusted advice can bring.
If you are not satisfied with a decision by WorkCover Queensland on your claim, we can assist you through an appeal of the decision through the Workers’ Compensation Regulator, an independent decision maker separate from WorkCover Queensland with the power to overturn a rejection.
We know how the Workers’ Compensation Regulator works because it’s where we fight for people in this situation every day. But like all statutory claims, there are strict rules you need to comply with in how your claim is drafted. Critically for you, this includes timelines that must be adhered to if you hope to have a rejection overturned on appeal in Queensland.
The truth is some workplace injury appeals are harder and more complex than others. There is no single type of claim, as there is no single type of workplace. Every workplace injury claim has its individual factors. This means that every claim rejection is based on a set of considerations specific to your case that you will need to address. This will take time, and you don’t want to lose any, or spend it on unhelpful angles. We can work with you to ensure your appeal is strong, easily understood, and lodged on time.
From the initial rejection, you have three months to lodge an appeal with the Regulator. So if you’ve had your initial WorkCover claim rejected, now is the time to act. Contact us for a free consultation so we can give you the right advice about what to do next.