Returning to work after an injury can be difficult. Even a relatively minor injury can set you back weeks and cause physical pain and mobility limitations. Severe injuries can be far worse, sometimes keeping employees away from their jobs for months or longer.
Most people want to get back to their normal lives and return to work as soon as possible so that they can continue supporting their families.
Mitigating Your Loss May Mean Different Employment Opportunities
According to Australian law, you are expected to do whatever is reasonable to mitigate your loss after an injury. That means you do what you can to find a way to get by to the best of your ability. If your current job involved tasks that you can no longer perform, then legally you are expected to find another way to earn income and reduce suffering.
Your employer may be able to work with you and find a suitable role that you can safely and comfortably fill. In some cases, you may need to seek employment elsewhere. If your case is presented to the court and you have not taken steps to mitigate loss, then your compensation may be reduced.
Malingering is Frowned Upon and Can Hurt Your Compensation
Malingering can really hurt your case when seeking compensation for an injury. The term refers to the act of avoiding work by pretending to be ill or injured more than you actually are. It is considered dishonest and can negatively impact the results of your case.
Medical experts may be called in to determine whether or not you are malingering. If the expert states that the injury you suffered should not impact your ability to perform job tasks, then this will hurt your credibility in court.
What if Your Injuries Stop You From Working?
The court does not expect injured people to work while in pain. There are cases that include severe limitations that make it impossible to return to work. For example, someone with a very physical profession like a roofer or bricklayer may not be able to perform any on-the-job tasks after a serious back injury.
With proper medical evidence and documentation, the court will consider this when deciding on compensation.
What Should You Do After an Injury?
Every case is unique, which is why you should carefully consider your options and have a legal expert on your side to provide advice. If you can perform some tasks at work, then your best bet may be to return as soon as possible. The court will want to see that you are doing all you safely can to support yourself as you did before the incident.
Carew Lawyers can help guide you through the legal process, so you take the right steps and get the highest compensation possible. Contact us today for a free claim assessment.
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