Have you had a WorkCover claim that has been closed, only to have your injury return or get worse? It is possible that even after you have gone through your treatment, things can happen after you return to work that can aggravate your old injury or cause a related injury to happen. This article explains how and why WorkCover claims are closed, and how they can be reopened if your workplace injury returns.
WorkCover may close your claim for a few key reasons. For example, you might have had all the treatment you can get for your work injury, but need other treatment for a non-work injury. In this case, WorkCover cannot pay for the additional treatment.
If your WorkCover claim has been closed and you think there has been a mistake, then you should speak to an experienced lawyer. It is not easy being injured and having to worry about your financial situation. We make it simple for you to get advice on how to move forward.
When you have symptoms that are related to your original workplace injury or illness, WorkCover may reopen your claim. But this is only if they can confirm that your current symptoms are linked to your original injury. Your work can also aggravate a previous work-related injury.
Example: Anna is a 34-year-old factory worker who had an accident at work and suffered an injury to her back. She made a successful claim for WorkCover and went through the recovery and treatment that she needed as advised by her doctor. She returned to full duties at work after ten months. After being at work and on suitable adapted duties for two weeks, following all the correct workplace procedures, she began to notice similar symptoms to her original back injury. Anna immediately notified her supervisor and contacted WorkCover. They assessed her injury and found that it was linked to her original injury. WorkCover reopened her claim for compensation.
In this case, it is clear that the injury is linked to the original injury.
Example: Robert is 43 and works for a retail company. He slipped at work due to his employers’ negligence and injured his knee. He lodged a successful claim for WorkCover and went through the recovery treatment as recommended by WorkCover and his doctor. After he had returned to work he was playing soccer with his social team and injured his knee on the field. While the original injury was caused by work, the further injury is not related to his work. WorkCover would not be likely to reopen his claim.
In this instance, the aggravation of an existing injury when not at work would not be grounds to reopen a WorkCover claim.
It’s important to get advice for your specific situation. Check if you can make a risk-free compensation claim and get free initial advice from our Principal lawyer, Greg Smith.