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Are there any exceptions for making a workers compensation claim?

If you are injured while on the job, you have the right to file a workers compensation claim. Let’s say you get hurt while performing your job duties and have to then deal with medical bills that exceed your health cover, as well as miss work, thereby resulting in lost wages, putting you in financial constraints. You should be able to recoup what you would have rightly been paid, had the working environment been safe and you had been able to complete your job per usual.

This is how workers compensation claims usually proceed. However, as with any legal proceedings, there are certain situations where this isn’t possible, and there are exceptions to the rule. There are a number of situations wherein a workers compensation claim may not be approved.

Consider the following exceptions before potentially wasting your time and effort filing a claim: Keep in mind, however, that each state and territory has its own workers compensation scheme, so it is best to consult a legal team in your jurisdiction.

Pre-existing conditions

If you have a pre-existing condition that could have resulted in an injury, disease or other medical situation, your workers compensation claim may be denied. The federal government published the Deemed Diseases in Australia report in 2015 to comprise what would be considered a work-related illness (as opposed to a preexisting condition). This, then, could be used to put the burden of proof on the workplace.

Failure to follow instructions

If your employer has given instructions, has posted signage or has otherwise given directions on how to conduct yourself in the workplace to stay safe and you have disregarded them, you may be at fault for the injury. This may then result in a workers compensation claim being denied. In a similar vein, if you are misusing equipment or other products knowingly, resulting in an injury, this could also cause a denial.

Travelling (maybe)

If you are travelling to and from work, you may not be covered in a workers compensation claim – unless you are in New South Wales. With that being said, if you are travelling for work (during work hours or otherwise for work – such as if you are a truck driver), your claim may be accepted.

© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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