The workers compensation system is a “no
fault” compensation scheme for workers allowing them to receive benefits
in the event of an injury arising from an incident during the course of
The majority of claims are straight forward because the incident
has been witnessed and the injury is obvious (e.g. bleeding fractures or
bruising). However, there will always
be claims that are reported well after an event with no witnesses and no
reasonable proof that a workplace related incident or injury occurred.
Unfortunately in these cases, the onus of proof is no longer on the
claimant. Decisions are likely to be made based on the duties the worker
performs and the medical evidence that is supplied.
This raises concerns for you as the employer, who without any other
knowledge or evidence often have no choice but to accept the decision by
WorkCover to pay the claim.
Wham Solutions is able to work on your behalf to express your
concerns to WorkCover and provide them with information in order for
them to reach informative decision rather than one based on balance of
Employers are able to request a review of the WorkCover decision through
Q-Comp if they are unhappy with the WorkCover decision.
Wham Solutions specialises in lodging appeals on behalf of the
employer and pride ourselves on an excellent success rate.
Wham Solutions can investigate such
claims on your behalf. We can conduct an independent investigation which
examines all relevant issues resulting in a detailed, factual
Investigative Report. This report can help WorkCover make a more
If the correct decision is made in the first instance this will lead to
better ongoing management of the claim, as well as assist in the
rehabilitation and return to work of the injured worker.
More information on our investigation
In serious injuries a claim may extend for a long period of time,
causing extensive payments to be incurred.
Wham Solutions offers assistance with rehabilitation, setting up
return to work programs, as well as additional monitoring of the worker.
There is also the possibility that the injured worker will apply for
damages through common law within three years of the alleged injury.
Once WorkCover has accepted liability for the statutory claim it is very
likely that common law proceedings will proceed based on the belief that
the injury did occur in the manner stated.
The effective management of your workers compensation claims can reduce
the cost and duration of the claim thereby ultimately reducing the total
effect on your workers compensation premium.
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