Making a compensation claim can be a stressful and uncertain time. Whether your claim relates to a workplace injury, a motor vehicle accident, or a public liability incident, the process often takes months, sometimes longer, to resolve. What you do during this period can have a big impact on the outcome of your claim.
Here are some important do’s and don’ts to keep in mind while your compensation claim is open.
Do’s
1. Follow Your Doctor’s Advice
Medical treatment and rehabilitation are at the heart of any compensation claim. Following your doctor’s advice not only helps your recovery but also shows insurers that you are taking reasonable steps to get better. Attend all appointments, keep medical records, and follow through with recommended treatment such as physiotherapy or counselling.
2. Be Honest About Your Symptoms and Limitations
Insurance companies and their investigators will often scrutinise your claim. Being consistent and truthful about your symptoms builds credibility. If you exaggerate, it can damage your case. If you downplay your injuries, it may reduce your compensation. Honesty is always the best policy.
3. Keep Records of Everything
From medical bills and travel receipts to time off work and communication with insurers, detailed records make it easier to prove your losses. Keep a diary of your symptoms, treatments, and how the injury affects your daily life. This can be powerful evidence when your claim is being assessed.
4. Communicate Through Your Lawyer
If you’ve engaged a lawyer (which is highly recommended for NSW compensation claims), let them manage all communication with insurers and investigators. Your lawyer will know how to respond to requests for information without jeopardising your case.
5. Stay Patient and Engaged
Compensation claims can take time. While it may feel frustrating, patience is important. Stay engaged with your lawyer, provide requested information promptly, and trust the process.
Don’ts
1. Don’t Post About Your Claim on Social Media
Anything you post online may be monitored by insurers. A photo of you at a social event or on holiday could be used out of context to suggest you are not as injured as claimed. The safest option is to avoid discussing your claim or posting anything that could be misinterpreted.
2. Don’t Ignore Medical Appointments
Missing doctor’s appointments or rehabilitation sessions can give insurers grounds to argue that you are not serious about your recovery. It can also delay your treatment and impact the strength of your claim.
3. Don’t Return to Work Without Medical Advice
In NSW, workers’ compensation and motor accident schemes often include return-to-work programs. Attempting to return to work without medical clearance is not recommended and may affect your entitlements. Always seek advice before making changes to your work status.
4. Don’t Exaggerate or Conceal Information
Overstating your injuries or hiding a pre-existing condition can seriously damage your claim if discovered. Insurers in NSW frequently conduct surveillance and cross-check medical records. Transparency protects your credibility and strengthens your case.
5. Don’t Settle Too Quickly
Insurers may offer early settlements to close claims before the full impact of an injury is known. Accepting too soon could mean missing out on future entitlements, such as ongoing medical care or loss of income. Always get legal advice before signing anything.
When your compensation claim is open, what you do — and don’t do — can make all the difference. Following medical advice, keeping accurate records, and communicating through your lawyer will strengthen your case. On the other hand, exaggerating symptoms, posting on social media, or rushing into a settlement can put your entitlements at risk.
At Law Advice, we guide clients across NSW through every stage of their compensation claims. If you’ve been injured and have a claim underway, our experienced lawyers can help you avoid costly mistakes and secure the outcome you deserve.