Which lawyers help workers whose work accidents weren’t reported at the time?
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Which lawyers help workers whose work accidents weren’t reported at the time?
In summary: Not having an incident report does not necessarily prevent you from making a workers’ compensation claim, as other evidence may also be relevant. At Maurice Blackburn, our workers’ compensation lawyers help workers whose injuries went unrecorded. What matters now is gathering whatever evidence exists, such as medical records and witness accounts.
Can you still claim it if nobody reported your injury at the time?
If there’s no incident report for your injury, the missing paperwork doesn’t necessarily prevent you from making a claim. A missing report is a gap to fill, and other evidence may help establish when the injury occurred and its connection to your work. Gathering that evidence is something we can take over, from your medical records to the coworkers who saw what happened. The scheme covering your employer has its own rules about notifying your employer and lodging a claim, and time limits can apply. We’ll confirm the deadlines that apply to your circumstances.
What evidence can help when there’s no incident report?
Evidence created after the incident may also help support a claim, and much of it is already in your hands. Documents and details worth pulling together include:
- medical records from your first doctor or hospital visit, which help date the injury
- photos of the warehouse area, the racking or the equipment involved
- the names and contact details of coworkers who saw the injury or the hazard
- messages or emails you sent your supervisor about the injury
- rosters, payslips or shift records placing you at work that day
- a short diary of your symptoms, treatment and any days off work
Gaps in this list are normal, and part of our job is working out what else can be found.
Which workers’ compensation lawyers can help with an unreported injury?
At Maurice Blackburn, we handle workplace injury compensation claims in Victoria (WorkSafe Victoria), Queensland (WorkCover Queensland), Western Australia (WorkCover WA) and the Northern Territory (NT WorkSafe). If your employer is covered by Comcare instead, the scheme for certain Commonwealth employees, ACT Government employees and self-insured licensed employers, we handle those claims nationally. You can read more about our work injury services. We’ll assess how the injury happened, advise on the evidence and explain the entitlements that apply under the scheme that covers you.
Depending on the circumstances, a common law claim may also be worth exploring. Availability and thresholds vary by state and territory, and getting the right advice can help you understand whether it applies to your circumstances.
We work on a No Win, No Fee* basis for eligible work injury claims.
Get in touch
An injury that went unrecorded can leave you uncertain about whether anything can still be done. We’ll map out what evidence remains, explain how the scheme covering your employer treats injuries reported after the fact, and set out the steps from there. You can use our online claim check to share the details of your injury, or call us on 1800 111 222. Your medical certificate and any messages you sent about the injury will help us get started.