There’s an unfortunate stereotype that anyone who claims for workers compensation is just trying to get money and get out of having to do their job. It’s the job of many Sydney compensation lawyers to make sure that their client isn’t viewed that way by encouraging them to be as honest as possible. But how does honesty work in your favour when claiming for workers compensation?
Your claim for workers compensation is only going to be successful if you’re truly deserving of compensation. The way to prove this is to be as honest, open, and detailed about what your situation is or was, e.g. if you had a bad back for three months, keep a three-month-long record of it, and see doctors for their opinions. If you aren’t honest in your case, or you have very little material supporting your claim, it can all go quite badly.
Recently in the case between Topaltsis and Crane Distribution Ltd, Ms Topaltsis claimed for workers compensation saying that she had suffered a lower back injury because of her work. In affidavits presented to the court, she explained in detail the extent of her injury and how it had affected her daily life, but when she was cross-examined she was found to be avoiding questions and was deemed a ‘poor historian’ when it came to describing her life while injured. It’s possible that Ms Topaltsis has poor memory issues, or in a court situation became nervous and confused, however, the defense delved deeper into Ms Topaltsis’ actions and found that she hadn’t been honest about the extent of her injuries.
On Ms Topaltsis’ Facebook page she described going rock climbing at Kakadu, sleeping in a boat while out fishing, and walking long distances frequently all during the time period of her injury. If her back injury was as severe as she claimed she wouldn’t have been able to do those things. The defence also referred to notes taken by both her chiropractor and GP who stated that she didn’t have back pain, and they even showed video footage of Ms Topaltsis at the time doing actions like bending over that she had said she couldn’t do.
The case between Topaltsis and Crane Distribution Ltd is a perfect example of why being honest, as well as keeping records (and being able to remember them), will stand you in good stead when it comes to a workers compensation claim. Ms Topaltsis didn’t win her claim, but you can.