If you’ve been injured at work and have chosen to claim compensation for losses and damages; any pre-existing injuries you may have could impact how much you receive if successful, or disentitle you from compensation altogether. If you have a pre-existing condition, are you entitled to workers compensation in Queensland?
Worker’s Compensation and Pre-Existing Injuries
Disclosure of pre-existing injuries
It is often a key stage in the employment process for prospective employers to request soon-to-be employees for disclosure of pre-existing injuries or medical conditions that could be seen to reasonably impact their employment duties, or be aggravated through the course of work.
If the employer chooses to request this disclosure, it must be supplied in writing, accompanied by a full-detail explanation of the duties carried out within the employment. (worksafe.qld.gov.au)
Further, prospective employers need to advise the potential employee about the consequences of providing a false disclosure.
Providing a False Disclosure and Failure to Disclose
If you knowingly supply a false statement about pre-existing conditions, you may find that your rights to compensation are adversely affected.
The outcome could depend on some factors; such as if accurate records have been kept and whether or not the correct explanation of work duties was provided.
However, if you correctly disclose any pre-existing injuries or conditions, the grounds for compensation remain clear.
Can you claim Worker’s Compensation if you have aggravated a pre-existing injury that was caused by work?
You could be entitled to compensation for the aggravation, acceleration, exacerbation or deterioration of a pre-existing injury or condition due to work, whether the pre-existing injury itself was caused through work or not.
Time Limits Apply
Remember, Worker’s Compensation claims are governed by time limits, and need to be lodged within six months.
To increase the likelihood of claim acceptance within the time limit we recommend that you (1) report the incident to your workplace promptly after its occurrence, (2) compile all necessary evidence (medical records, correct timelines or statements) and (3) lodge your claim; preferably within a few weeks of the incident.
Unfortunately, this can be an unrealistic expectation for those who are recovering from an injury.
The most effective way of ensuring your rights are protected is to seek professional legal assistance as soon as you are able. This will help to take away your burden of acting swiftly through the claims process. Further, you will have more time to get adequate rest and recovery.
Personal Injury Lawyers in Toowoomba, Brisbane and Roma – Queensland
If you require thorough assistance from Accredited Specialist personal injury lawyers, we are here to guide you. Please follow the link below to discover more.
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