Your workplace has decided to object to a worker’s compensation claim. Need some help? Here are the five main steps you should consider prior to submitting your objection letter.
Be clear that you are objecting
Refer to the applicable compensation board policy
All compensation decisions are guided by policy
Go to the compensation website for copies of policies
Quote the policy and how the claim does not meet the policy criteria, be very specific
Focus on the issues and leave out your emotions
State the facts and not what you think happened
When you don’t know or have no evidence of an issue – clearly state what you can and cannot verify
Provide concrete evidence such as witness statements, offers of modified duties, incident reports, measurements, photographs etc.
Is this a recurrence of a previous injury?
Are you objecting to an action by the worker?
Since compensation is a no-fault system, having a claim denied on this basis is extremely rare
You will need to provide documented proof that the worker was aware of the policies/standards etc. and that they been coached/disciplined for prior offences
Consider coaching or discipline the worker for the unsafe action or behaviour rather than objecting to the claim
Remember that for the compensation board to make an informed decision, it is vital that you present all of the appropriate documentation, including a clear and concise letter of objection. If you need help or assistance, give us a call! We’re here to help!