How to Lose a Compensation Claim , a Guide by a Compensation Lawyer
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Principal Lawyer and Director · Last updated 31 August 2026
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Key Takeaway: This guide sets out the 4 most common ways people lose a compensation claim: failing to gather evidence, not reporting their injuries, not being believed, and trying to do it themselves. Avoiding these 4 mistakes gives you the best chance of winning the compensation you are owed.
How to Lose a Compensation Claim: Quick Answers
If you suffered an injury and have a compensation claim, this is a guide written by our compensation lawyer on what not to do if you want to get the best result for your compensation claim with the best tips on what you should do to win and get the best compensation result possible.
No evidence, no problem? NO! step 1 in losing your compensation claim.
The most people who get the least favourable results in any compensation claim is the claim that lacked evidence. Evidence alone can speak volumes. The thing is most compensation claims are payout claims meaning that they are based on speculation, based on strong evidence, of what you were capable of doing before your injury, compared to after your injury. If you can’t provide evidence that you were, prior to a car accident, for example about to start a new job and earn income, the percentage of that loss being compensated will be much higher if you had evidence to support that. You alone making that claim is not enough. Not only does evidence help you in proving your loss to compensate you for your losses but it also increases the chances of your future economic loss (loss of income) claim being strengthened.
Not reporting your injuries , step 2 in losing your compensation claim
There is a popular saying that is relevant here, if it’s not in writing, it doesn’t exist!
If you don’t report all of your injuries and how they affect you to your treatment providers as soon as possible (i.e doctors, physiotherapist or psychologist etc) then it will be very difficult to link your injuries and/or disabilities to the cause of that injury, be your injury as a result of a motor vehicle accident, work injury, slip and fall or an illness that is preventing you from working, enabling you to otherwise be eligible in making a TPD claim. Not to mention the importance of ensuring your treatment providers have the whole picture of your injuries and/or disabilities for the sake of your wellbeing. The thing is, contemporaneous evidence has one of the most powerful impacts in a compensation claim. Our personal injury lawyer, as much as possible, for the sake of your interests, needs to reference contemporaneous (existing at or in the same time) evidence.
An example of something that is contemporaneous is the medical file your GP keeps that contains what is reported in your consultation with that GP when you visit. It contains the date and what your GP reported occurred during that time. Now let’s say that you told many people including me for example that the car accident you were involved in caused you a back injury but there is no contemporaneous evidence to support that, and months pass by, it would be difficult in proving that your back injury was in fact caused by the accident. The insurer could argue that the back injury could have been caused by any other factor and not the car accident. That is why it is important to ensure your doctor takes into account all your injuries in order for you to get the best possible treatment. That will also help you ensure your benefits or payout, depending on the type of compensation claim you have, get the best result.
Don’t be believed – step 3 in losing your compensation claim.
Not being accepted as a truthful person is an excellent way to lose a compensation claim. Before you get offended, you need to understand that the insurer, almost always never meets you nor knows you personally. Your intention of being a good person or what have you is not enough to get the best result in a compensation claim. To get the best result, truthfulness or what is more commonly used in claims, credibility, needs to come across through all the documents and paperwork that is relevant to you. An example of that that is common is when you are asked a question by an independent medical examiner (IME) about your pre-accident injuries which you didn’t disclose despite it being in your medical history. Did you know that the IME may write that you denied having pre-existing injuries? Most people honestly forgot and their lawyers didn’t mention it to them when reviewing their medical records. That mistake even if genuine, could be used against you in your claim. Its easy, disclose truthfully and you wont have to worry about your own actions affecting your claim and instead focus on getting better and leaving the claim management to our lawyers.
Do it yourself , step 4 in losing your compensation claim.
Of course, its not a requirement to have compensation lawyer act on your behalf for your claim. Personally, I don’t recommend it because I have never seen a client tell me at the end of the claim that they did it themselves.
If you do decide to do it yourself, I recommend at least consulting a compensation lawyer like us who offers a free claim assessment or free initial consultation so you better understand your entitlements and how to claim them.
The most important things to bear in mind is the time limits that apply during the course of and depending on the type of claim, the process, the level of experience the insurer has compared to your experience and what the payout claim means to you even if your injuries deteriorate in the future, i.e unable to reopen a claim that has been resolved.
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How to Lose a Compensation Claim FAQ
What are the main ways people lose a compensation claim?
This guide identifies 4 common ways claims are lost: not gathering evidence, not reporting your injuries, not being believed by the insurer, and trying to run the claim yourself. Each of these 4 mistakes gives the other side room to reduce or reject what you are owed, so they are worth avoiding.
What evidence do I need to support my compensation claim?
Evidence is the first of the 4 steps to losing a claim, so it matters most. Keep medical records, incident or accident reports, photographs of your injuries and the scene, and the names of any witnesses. The stronger your evidence, the harder it is for an insurer to dispute your claim.
Why does reporting my injuries matter?
Not reporting your injuries is the second mistake in this guide. If you delay telling your doctor, employer or insurer, gaps appear in your medical history. Insurers use those gaps to argue the injury is minor or unrelated, so prompt and consistent reporting keeps your claim credible and on track.
What does being believed have to do with my claim?
Not being believed is the third mistake this guide covers. Inconsistent accounts, exaggeration, or activity that contradicts your reported injuries all damage your credibility. Being honest, consistent and accurate about your injuries and their impact protects your claim from being undermined by the insurer.
Can I lose my claim by trying to handle it myself?
Yes. Doing it yourself is the fourth mistake in this guide. Insurers assess claims strictly and self-represented claimants often accept less than they should or miss entitlements. Getting proper advice early helps you avoid the errors that cause people to lose the compensation they deserve.
What should I do first after an injury to protect my claim?
Start by avoiding the first mistake in this guide and gather evidence straight away. Seek medical treatment, report the injury, keep records and photographs, and note any witnesses. Taking these steps early builds a strong foundation and makes it far harder for an insurer to dispute your compensation claim.
Will an insurer try to reduce or deny my compensation?
Insurers look closely for reasons to reduce or deny a claim, which is why this guide focuses on the 4 mistakes that help them do so. Weak evidence, unreported injuries, credibility issues and self-representation all give the insurer openings, so avoiding them keeps your claim strong.
How can a compensation lawyer help me win my claim?
A compensation lawyer helps you avoid all 4 mistakes in this guide. We gather and present the right evidence, make sure your injuries are properly reported, protect your credibility, and deal with the insurer on your behalf, so your claim is assessed on its genuine merits rather than a technicality.
About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.
Why Choose Withstand Lawyers for Your Compensation Claim?
When you have been seriously injured, the last thing you can afford is to lose your claim to an avoidable mistake. Withstand Lawyers brings decades of combined experience guiding injured people through compensation claims and steering them clear of the 4 pitfalls set out in this guide. We gather the right evidence, make sure your injuries are properly reported, protect your credibility, and deal directly with the insurer, all explained in plain terms so you always know where you stand. Withstand Lawyers acts on a No Win No Fee basis, so you can pursue your claim with confidence and no upfront cost. Over $60 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground. Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life. I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!” “I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.” “I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.” “Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.” “Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.” Issa Rabaya Director, Lawyer Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result. Esther Ihn Senior Associate Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims. Minaa Mohmand Special Counsel Special Counsel with over a decade of experience since 2016, handling complex, higher-value claims: serious injuries, disputed liability and matters heading to litigation, across motor vehicle accidents, work injury damages, public liability and TPD. Mihana Wen Associate Associate with 6 years' experience since 2020 and a recent $1.95 million motor vehicle accident settlement, known for not taking no for an answer and lodging appeal submissions for injuries insurers try to deem below the 11% whole person impairment threshold for pain and suffering. The go-to for car accident claims, guiding clients from the first CTP submission through to settlement with a compassionate, hands-on approach. Isabel Sarcia Senior Lawyer Lawyer with 6 years' experience since 2020, working exclusively in TPD and superannuation claims, necessary because these claims turn on strict super fund definitions and procedure that few generalist lawyers see day to day. Specialises in lodging TPD claims efficiently, cutting through fund delays so claims are accepted faster and in full. Maria Drosos Associate Lawyer with 6 years' experience since 2020, working exclusively in TPD and superannuation claims, necessary because these claims turn on precise policy wording and medical evidence that few generalist lawyers handle daily. Specialises in lodging TPD claims efficiently, managing the insurer requests and medical reports that decide the outcome. Chenoa Ingram Lawyer · 4+ yrs experience Lawyer with 4+ years' hands-on experience in personal injury claims, built inside the firm before her 2026 admission, known for being organised and efficient in progressing clients' workers compensation, work injury damages, public liability and TPD claims. Lauren Bergan Lawyer · 4+ yrs experience4.9 ★ — 265+ Reviews
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