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What should I do if I injured my back at work in western Australia?

Back injury claims are probably the most common sort of workers compensation claims in Western Australia, they occur in a variety of different ways however in our experience the most common ways a back injury can occur includes lifting, bending, and working in a position that is not well suited for the task. Back injury claims mostly occur in blue collar workers in the construction, mining and manufacturing industries.

Injured workers often see us after the workers compensation claim for the back injury has been refused by the workers compensation insurer, though many also see us after the back injury claim has been accepted in order go get the best settlement possible.

In this article we have attempted to run through some of the things that injured workers can do after they have suffered a back injury in the course of their work.

Report your back injury in writing immediately after it has happened

In a lot of back related workers’ compensation claims, the allegation by the workers compensation insurer is that the injury did not occur in the course of the workers employment, and the worker who is claiming back injury compensation did not inform the employer of the accident at the time that the back injury occurred.

This can usually be avoided by reporting your back injury as soon as possible after it happened. It is common for injured workers to not report an injury thinking that, or hoping that, their back injury will just get better, and they do not want to jeopardise the future work career by reporting an injury. The courts have taken the view that this is not a good reason for not reporting an injury, and in some common law cases has found that the employer was prejudiced in its defence as a result of the worker failing to report the injury at an early time. As a result the workers compensation claim has been rejected by the courts.

In conclusion, if you have suffered a back injury at work, please report your back injury as soon as possible. Otherwise, this could have significant adverse impact on your back injury claim if you decide to claim back injury compensation.

Some injured workers may have reservations in deciding to report the injury, because they fear they may get sacked after reporting the injury or making a workers compensation claim. In most of workplaces, reporting workplace injury is required and set out in the HR employee manual. In other words, for many employers, it is expected by the employer that each employee should report such workplace injuries.

No Win No Fee Lawyers

Our guarantee to all qualified personal injury clients is that we don’t charge upfront legal fee unless you receive an award. Once you successfully receive compensation, we will try our best to recover most of our legal fees from the insurer to minimise your out-of-pocket expense.

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Attend a doctor as soon as possible after your back injury happens

If a person wishes to make a workers’ compensation claim for the back injury, they need to obtain a first medical certificate to provide to their employer together with the workers compensation claim form.

In some workers’ compensation claims the question is whether the worker actually suffered an injury in the course of their work, in these cases an attendance at a general practitioners office for your back injury can be very valuable evidence as it shows that the worker believed themselves to have suffered a back injury of sudden onset which is usually supported by an examination by the general practitioner.

One of the most common ways in which a back injury claim is defended is by alleging that the back injury has just occurred, in isolation, due to pre-existing degeneration. In the event that injured worker has seen the general practitioner at the time of the accident and regularly since that time the general practitioner will be in a position to say that firstly, the injured person did not have such a condition before the accident, and secondly, that the injured person has been complaining of similar symptoms from the time of the accident until the present.

Obtaining evidence of witnesses at the time of the accident

After a back injury happens, the last thing on people’s minds is whether the injury will be accepted by the workers compensation insurer. Once things have calmed down a little bit, for example when the injured worker is in the hospital and waiting for further treatment, it is a good idea to call any witnesses who saw the accident and obtain a brief statement from them. It is best for this to be in writing and signed, however if this cannot be achieved then getting the statement is an email can still be valuable.

What happens if my back injury claim is not accepted by the workers compensation insurer?

If the injury is not accepted by the workers’ compensation insurer, then the injured worker has the option of commencing review proceedings through WorkCover Western Australia, the workers compensation tribunal in Western Australia.

Foyle Legal can help you with your back injury compensation claims

If you have suffered a back injury in the course of your work then Foyle Legal Compensation Lawyers can assist you with your personal injury claims on a no win no fee basis, and at Foyle Legal your first consultation is obligation free. You can contact Foyle Legal on 0408 727 343, by email on christian.foyle@foylelegal.com or through our website.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

christian foyle

Foyle Legal

Protecting your interests!

Foyle legal is a Perth Law firm specialises in compensation law. It is one of the most trusted and fast growing personal injury law firm in Western Australia. The firm offers No Win No Fee legal representation for all personal injury claims. If you have made a personal injury claim, contact Foyle legal for an obligation free claim review. We help you to maximise your injury compensation payout.

Cannot fault the work Foyle Legal do, detailed and precise. n10/10
Bobby Teeayer
Bobby Teeayer
2018-05-30T03:28:17+0000
Foyle Legal Help me to get the evidence that I need regarding my medical negligence claim. I am very happy with the service that has been provided to me in relation to my claim. And I have let other people know that they should use Foyle Legal Through Facebook.read more
Shirley Marshall
Shirley Marshall
2018-05-03T05:42:39+0000
Just received my settlement check in time for Christmas. I couldn't thank Christian enough for his assistance with my injury claim. There lots of factors made my claim difficult but Christian and Foyle Legal team dealt with professionalism and understanding. I am happy with my settlement outcome, and would definitely use them again for my future injury claims.read more
Anthony Daniels
Anthony Daniels
2017-12-21T08:56:31+0000
I was injured at work and had a workers Compensation claim. Foyle Legal Were very helpful and always got back to me about my queries in a relatively short period of time which I think you would not get in a larger firm. They advised me about the settlement of my case and help me to get the most out of itread more
Vijay Sourinathan
Vijay Sourinathan
2017-12-20T02:53:28+0000
I had a bad work injury to my knee and needed surgery. The insurer refuse to pay for the cost of my surgery and I had to go through WorkCover WA for an acceptance of liability to pay for the surgery. Foyle legal helped me to get the medical evidence that I needed to take the matter towards a finalisation of my claim.read more
Roxann Campbell
Roxann Campbell
2017-11-14T08:27:49+0000
I went to another lawfirm before I went to Foyle legal. At the other lawfirm I was treated like a number, but it won't legal they help to pay for my medical expenses to get the most out of my work is compensation claim and I answered all of my questions.read more
Daniela Colantropo
Daniela Colantropo
2017-10-23T02:32:55+0000
Adam Alexander
Adam Alexander
2017-10-04T07:36:47+0000
I had a workers compensation claim and the insurer wanted to fight me about whether I was entitled to weekly payments of compensation. Foyle Legal helped me to get medical evidence regarding my case, they were quick and very helpful and provided excellent service in relation to my personal injury claim.read more
Suman Thilak
Suman Thilak
2017-09-22T05:29:20+0000
Christian from Foyle Legal was very helpful given my lack of knowledge of the law in respect of workers compensation claims and I ended up with a better result than I ever expected.read more
Paul Beard
Paul Beard
2017-07-13T08:58:07+0000
Christian Foyle and Foyle Legal helped me a lot with my workers compensation claim and the doctors report they obtained was really helpful. If it was not for them i dont think I could have pushed my claim as hard.read more
Ajak Kuer Ajak
Ajak Kuer Ajak
2017-03-29T03:51:32+0000
I had a workers compensation claim which Foyle Legal helped me with. They helped me with the medical reports i needed and gave me emotional support and I am happy with the outcome.read more
Lucinda Hogan
Lucinda Hogan
2017-03-29T02:02:07+0000
Christian Foyle from Foyle Legal helped me out with my workers compensation claim a lot. He was very professional, polite and courteous and very approachable. I am happy with the way Foyle Legal handled my claim and I got a fair outcome. Christian is one of the nicest people in legal services I have ever met.read more
Theresa Southam
Theresa Southam
2017-02-23T03:03:41+0000
The service I received from Foyle Legal was second to none. Christian was well informed and quick to reply. Very happy how the case progressed and with the settlement I received. I would highly recommend Foyle Legal.read more
Brendan Arthur
Brendan Arthur
2016-12-20T00:56:43+0000