Can I go back to work after an injury, will this hurt my claim?
If you have been injured at work, lodged a work accident compensation claim and now believe that you are able to work again, you need to speak with the legal professional handling your case before trying to return to work. Going back to work after an accident that required medical treatment and time off to recover can be challenging, so seek advice from your accident compensation lawyer before returning to the workplace.
What are my obligations when I am injured?
As an injured worker, you have a duty to ‘mitigate your loss’, which means working fewer hours than usual, or engaging in alternate work if you cannot return to the position you were in prior to your accident. However, while you are obligated to mitigate your loss, that does not mean your employer can force you to return to work until you have suitably recovered. If your employer tries to force you to go back to work or tells you that your position will no longer be available, speak with your work injury compensation lawyer immediately.
Accident Law is a team of accredited personal injury lawyers specialising in motor vehicle (car, truck and motorbike) and work accident compensation claims. We have managed many work compensation claims for Queensland workers and can provide you with experienced legal assistance when lodging a claim for compensation after suffering an injury at work. If you are claiming work accident compensation and are considering returning to work, speak with the accident and injury lawyer who’s handling your case.
30 second compensation claim checker
The Accident Law 30 Second Compensation Claim Checker will quickly assess if you may be able to make a compensation claim. One of our experienced Lawyers will then provide you with a free claim assessment by Email/SMS or Phone. This will also help you estimate just how much compensation you may be due for your claim. Again all at no cost, just click below.
What does ‘mitigate my loss’ mean?
The legislation covering work accident compensation states that a claimant must mitigate their loss as much as possible, which means taking all reasonable steps to reduce the loss they suffer (caused by the injury for which they are seeking compensation). If possible, this means attempting to return to some form of suitable work, for example, working reduced hours or undertaking less strenuous work tasks.
If the court believes that you have not taken reasonable steps to reduce your loss, they may reduce the compensation you were due on the grounds that you were ‘malingering’, i.e. pretended to be ill to avoid working, and have not attempted to mitigate your loss. Malingering can, therefore, have a direct effect on the damages awarded for your injuries and the resultant loss and damage that you have experienced. It can also impact the Court’s perception of your trustworthiness with regard to how the injuries occurred and the extent of your injuries.
If you have any questions about mitigation of loss or what may be considered malingering, contact the accident and injury lawyer handling your work accident compensation claim.
What if my claim is settled before it goes to court?
While your work accident compensation claim may settle before going to court, you should be concerned about how a judge would assess your attempts to mitigate your loss, as this is how the defendant’s insurer (and any lawyers for accident claims they have enlisted the services of) will look at your case.
If the insurer thinks that you are not making a reasonable attempt to mitigate your loss and that you are malingering, generally, they will reduce any offers of settlement made. They will do this if they believe the Court is likely to find that you are not mitigating your loss and would, therefore, reduce your claim considerably.
Consequently, you should try to return to work, or if you cannot because of your injuries, make the effort to find work that is more suitable for the injuries that you sustained. This shows the court or insurer that:
- You have attempted to return to work
- You have tried to mitigate your loss by continuing to work
- However, due to your injuries, you are unable to do so
If you return to work and are in considerable pain or performing tasks that could aggravate your injuries, then the Court and insurer would consider it reasonable for you to stop doing that work. It is important to understand that your health and well-being are what is most important and that you are not expected to risk aggravating your injuries to return to work.
Also, seek advice from your medical practitioner before attempting to return to work or find alternative employment to ensure that returning to work will not aggravate your injuries. By seeking his or her confirmation, it validates your reasons for not returning to work or reducing your work hours or duties. You should also seek legal advice from the accident and injury lawyer handling your case.

Accident Law No Win No Fee Guarantee
You really have nothing to lose with our no win no fee guarantee. When we take on your case we pay for all outlays and associated claim expenses, meaning we get you access to the help you need quickly.
You are also covered by Queensland legislation, so if our fees were to somehow exceed the compensation amount, then we are obligated to reduce them. This means you can confidently pursue a legal claim without being left out of pocket.How Much Compensation Will I Receive?
The amount of compensation you receive will be determined by calculating the monetary value of your injuries and their impact on your quality of life. Therefore, it’s tailored to your individual circumstances.
Our compensation calculator can show the very basic (but not full) amounts of compensation. Or try our 30 Second Compensation Checker to see if you can make a claim. However, it’s best to speak with one of our Lawyers (there is no cost for this) to get a better idea about your claim.
Accident Law No Win No Fee Guarantee
You really have nothing to lose with our no win no fee guarantee. When we take on your case we pay for all outlays and associated claim expenses, meaning we get you access to the help you need quickly.
You are also covered by Queensland legislation, so if our fees were to somehow exceed the compensation amount, then we are obligated to reduce them. This means you can confidently pursue a legal claim without being left out of pocket.How Much Compensation Will I Receive?
The amount of compensation you receive will be determined by calculating the monetary value of your injuries and their impact on your quality of life. Therefore, it’s tailored to your individual circumstances.
Our compensation calculator can show the very basic (but not full) amounts of compensation. Or try our 30 Second Compensation Checker to see if you can make a claim. However, it’s best to speak with one of our Lawyers (there is no cost for this) to get a better idea about your claim.Contact our Brisbane and Gold Coast work accident lawyers
As all claims are covered by our no win no fee guarantee, you have nothing to lose as we pay for all outlays and associated work claim expenses when we take on your case, ensuring you get access to the help you need quickly. If you have any questions about your work accident compensation claim and your rights and obligations with regard to returning to work, call us on 1800 958 498 or complete our contact form at the bottom of every page, and we’ll get back to you right away.
- Been injured in a motor vehicle accident, a workplace accident, or a road accident? Accident Law is the compensation lawyers Brisbane & Gold Coast clients trust to get the outcome they want.
- Since 1983 we have worked alongside our clients to help them get the compensation they are owed from car and motor vehicle accidents and workplace accidents.
- Queensland specialised and accredited injury and accident specialists are on hand to help get you the most compensation and get your health back to top form