Throughout your personal injury claim, there are many mistakes you can make that negatively interfere with the claims process, resulting in either slowing the claim’s progression, or in some cases, affecting your entitlement to compensation.
It’s best to educate yourself on how to avoid this where possible.
Here are our top 5 tips to ensure smooth progression of your Personal Injury claim:
1. Signing relevant authorities requested by your lawyer and/or insure
In relation to Workers’ Compensation Claims, signing the consent authority at the bottom of the Workers’ Compensation Claim Form (PDF) allows the insurer to obtain relevant clinical notes and other medical evidence to assist in determining the decision of liability for your claim.
In relation to Motor Vehicle Accident claims, the insurer may also request clinical notes to assist in determining liability.
If the Consent is not signed, this can delay the progression of your claim as the insurers have no medical evidence to rely on to substantiate their liability decision.
If you have engaged a Solicitor to act on your behalf, they may also request your consent to access a variety of documents relevant to your claim. Whilst encouraged to enquire about anything you’re unsure of prior to signing the authorities, delaying or ignoring the request may hinder the ability for your solicitor to obtain relevant documents in support of your claim.
2. Ensure that you report all of your injuries and the extent of your injuries accurately
It is important to report all your injuries – both physical and psychological – to your medical providers accurately. Reporting your symptoms of all injuries (big or small) at each medical appointment will create a chronological and comprehensive medical record to reflect the pain and suffering caused by your accident. This can be especially important when dealing with multiple injuries, as each injury may heal or worsen at a different rate.
Whilst it may be tempting to embellish your pain and suffering, this is not recommended and is likely to be challenged by the insurer. Insurers are always on the look-out for exaggeration of symptoms and have measures in place to test your reliability.
If the Insurer has reason to believe that you are embellishing or exaggerating your injuries and work capacity, it is not uncommon for them to appoint a private investigator to obtain evidence that they may ultimately rely on.
Furthermore, you are typically required to attend at least one or more independent medical examiner (IME) appointments to determine the diagnosis and prognosis of your injuries, the severity of your injuries, your work capacity, and any potential permanent impairment you have sustained as a result of your injuries.
It should be noted that sometimes, despite your honesty and authenticity throughout these medical assessments, the Insurer’s doctors can provide a report that appears to undermine your true pain and suffering, which can feel disheartening to read. An experienced personal injury lawyer will ensure that you have an opportunity to be reviewed by an alternative IME specialist, who’s evidence will likely challenge the evidence obtained by the insurer.
3. Ensure you work within the restrictions of your medical certificate
Throughout your personal injury claim, your medical providers will inform you of your certified medical capacity noting the restrictions to your work capacity. This is to ensure that your injuries are not aggravated whilst you are engaged in a return to work.
In Workers’ Compensation claims, your capacity is stated in your Progress Certificate of Capacity (Read more about these at #5). For other claims, your doctor may provide a medical certificate for your employer.
It is important to ensure that you work within the restrictions contained on your Progress Certificate of Capacity or Medical Certificate. If you do not do so, you are at risk of re-injury and delaying your recovery.
4. Attend Independent Medical Examinations (IMEs)
As mentioned previously, IMEs are medical assessments that are arranged by your solicitor or the insurer with a specialist doctor. These assessments are a key part of the claims process. In the case of a Workers’ Compensation claim, if the insurer arranges an IME appointment, you must attend and your failure to do so may provide the basis for the insurer to make an application to cease your payments.
Not attending your IME not only impacts the progression of your claim but will also incur a hefty non-attendance fee.
If you are unable to attend the IME that has been scheduled for you, it is important to notify your solicitor or insurer as soon as possible to have it rescheduled to a date that is suitable for you.
5. For Workers’ Compensation Claims: Ensure that your Progress Certificate of Capacity remains current
If you have a Workers’ Compensation claim, you should already be aware of the Progress Certificates of Capacity that are regularly issued by your doctor throughout your claim. These certificates keep your employer and insurer informed of your progress, the treatment required, and your capacity for your pre-injury work duties.
If your Progress Certificate of Capacity is not up to date, the insurer can make an application to cease your payments.
