Ask a Personal Injury Lawyer: Why Do Some Workers Avoid Pursuing Workers’ Compensation?

Picture of Tina Veivers

Tina Veivers

DIRECTOR / LAWYER QUEENSLAND LAW SOCIETY ACCREDITED SPECIALIST

Tina is the director of the firm and a lawyer who has 20 years of experience running and managing compensation claims for Plaintiffs. In contrast to the industry standard of larger compensation firms, Tina is a strong believer in ensuring that plaintiffs receive the vast majority of any settlement payout they do receive and will often reduce fees to ensure this occurs. In her spare time, Tina enjoys going to the beach and enjoying time with her family.

Welcome back to “Ask a Personal Injury Lawyer”, where we answer questions relating to workers’ compensation and personal injury law in Queensland.

Today, we explore a critical yet often overlooked issue: why do some workers hesitate to file workers’ compensation claims despite sustaining injuries or illnesses at work?

Understanding these reasons is essential for dismantling barriers and ensuring that workers receive the support and benefits they are entitled to.

The Stigma of Claiming Workers’ Compensation

Many injured workers avoid filing workers’ compensation claims due to the stigma associated with being on ‘workers compo.’

There’s a prevalent misconception that filing a claim is an admission of weakness or an attempt to take advantage of the system. This stigma can be particularly pronounced in close-knit work environments or industries where toughness is valued, such as construction sites.

Changing these perceptions requires ongoing education and a cultural shift towards recognising workers’ compensation as a legitimate and necessary recourse.

Awareness and Understanding of Eligibility

A significant barrier is the lack of awareness among employees about their eligibility for workers’ compensation benefits. Many workers, particularly in smaller businesses or less regulated industries, are not informed by their employers about workers’ compensation insurance and the protections it offers.

Enhancing visibility and understanding of workers’ compensation laws can empower more injured workers to seek the compensation they rightfully deserve.

Fear of Job Loss and Future Employment Prospects

One of the most daunting fears for injured workers is the potential repercussion on their employment.

Many avoid claiming compensation out of concern that they may be seen as a liability and subsequently fired, or that it might affect their future job opportunities.

It’s crucial to highlight the legal protections that safeguard employees from being dismissed for claiming workers’ compensation and to reassure them that their rights are protected under common law.

Financial Concerns and Access to Legal Help

The perceived high cost of legal advice can deter workers from pursuing compensation claims, particularly if they believe they can’t afford a personal injury lawyer.

However, many workers may not be aware that financial assistance and ‘no win, no fee’ services are available, making legal representation accessible without upfront costs. Increasing awareness about these options can help more workers seek the legal advice they need to lodge a successful claim.

Underestimating the Severity of Injuries

Some employees underestimate their injuries, assuming they are not severe enough to warrant a compensation claim or hoping the issues will resolve without intervention. This often leads to worse health outcomes and potentially long-term disabilities.

Educating workers about the importance of medical treatment and the long-term benefits of addressing workplace injuries promptly and effectively is essential.

How South East Injury Lawyers Can Help

It’s clear that multiple factors contribute to the reluctance of many workers to claim compensation.

By addressing these issues directly—through education, reassurance of legal protections, and easy access to affordable legal support—we can help ensure that all injured workers feel empowered to claim the benefits they need to recover and return to work.

At South East Injury Lawyers, we are dedicated to supporting workers through the complexities of the workers’ compensation process. Our experienced team can help you understand your rights, navigate the claims process, and ensure that you receive all the compensation and medical treatment you’re entitled to.

If you or someone you know is hesitating to file a workers’ compensation claim, contact us today for a confidential consultation to discuss your case.

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with expert advice from a leading compensation lawyer today.

If you’ve been hurt, you need to act fast. Get started immediately with expert advice from a leading compensation lawyer today.

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