WORKERS COMPENSATION: CLAIMS SOLICITOR AUSTRALIA

Do you need legal advice on making a workers compensation claim? Contact our expert Personal Injury Solicitors for free legal help.

We are able to provide advice on all areas of workers compensation claims, including COVID-19 coronavirus compensation where a worker has contracted the virus in the course of their employment.

(Our service operates in Victoria, A.C.T, South Australia, and Western Australia)*

Each year, thousands of Australians are injured during work or in a work-related accident. Most will make a claim for workcover compensation (or ‘workers compensation’). We see time and time again, injured workers who are treated unfairly by insurance companies and doctors (“independent” medical examiners) retained by insurance companies, through unnecessary delays, payment of inadequate compensation and outright denial of compensation. The WorkCover compensation scheme is a complex area of law, comprising of common law and legislation. Sure you can lodge a claim on your own, but why not let an experienced workers compensation solicitor handle your claim for you? Afterall, they have years of legal training, litigation experience, and deal with insurance companies every day. They know the law. They know how these insurance companies and their solicitors operate. And they know how the court system works. Our solicitors are experienced in handling workcover claims and appeals. They help defend the rights of injured workers and their families, and NOT insurance companies. Get independent legal advice today. If you would like obligation-free legal advice, call our helpline, or complete our online Contact Form. This service costs you nothing to use.

Legal Helpline: ☎ 1800 352 100

Workers Compensation Schemes

Workers compensation is often referred to as “workcover claim”, “workers comp” or “compo”. It is a form of insurance that provides compensation when a worker is injured. In Australia, there are 11 main workers compensation systems. Over time, each of the 8 Australian States and Territories has developed their own workers compensation laws. There are also three Commonwealth workers compensation schemes:

1. Australian Government employees, Australian Defence Force personnel with service before 1 July 2004 and the employees of licensed self insurers under the Safety, Rehabilitation and Compensation Act 1988.

2. Australian Defence Force personnel with service on or after 1 July 2004 under the Military Rehabilitation and Compensation Act 2004.

3. Certain seafarers under the Seafarers Rehabilitation and Compensation Act 1992.

Work Injury

Each workers compensation scheme is governed by its own relevant legislation. Each legislation or Act has its own definition as to what a work injury is. For example in some States, your injury needs to have arisen out of or in the course of your employment. You may also be able to make claim if you are injured in a car accident on the way to or from work, or during a journey that is undertaken for work purposes. Common work-related injuries include:

Back Injuries
Neck Injuries
Spinal Injuries
Fractures
Strains
Sprains
Burns
Heart Attack
Electrocution
Fracture of the pelvis
Spinal nerve and cervical nerve root impairments
Peripheral nerve injuries
Feet, toes, ankle, knee and hip injuries
Injuries of the hands, fingers, wrists, elbows and shoulders
Musculoskeletal injuries
Psychiatric Injury, depression, anxiety, post traumatic stress disorder (PTSD), adjustment disorder
RSI (repetitive strain injury) and carpal tunnel syndrome
Complex Regional Pain Syndrome
Skin disease and scarring
Allergies
Gastrointestinal diseases
Loss of eyesight
Hearing Loss and industrial deafness
Lung diseases and asthma
Asbestosis and mesothelioma
Covid-19 coronavirus acquired in the workplace

If you have suffered a work-related injury, you should seek legal advice. So why not chat with one of our lawyers today to find out about your rights and entitlements. If you decide to retain a solicitor represent you in your claim, they may even be able to offer you a No Win No Pay fee agreement. It does not matter if you are a full-time, part-time or casual worker, self-employed or a contractor; you still have rights to seek compensation if you have been injured. Get in touch with a solicitor through our Contact Form or call us. Don’t delay, as time limits apply.

Legal Helpline: ☎ 1800 352 100

Medical Evidence

You will need medical evidence to support your claim. This evidence could include for example, a medical certificate (there are special workcover certificates which your doctor may need to complete), medical reports and hospital records (where applicable). Chances are that you will also be sent to an “independent medical examiner” which is essentially a doctor who has been paid by the insurance company to act as an expert in your case by reviewing your clinical notes, x-rays and examining you, and then preparing a report giving an opinion regarding your injuries, disabilities, and treatment required. If you disagree with the doctor’s assessment, you may also be able to obtain your own expert opinion report from a doctor of your choosing. It is best to speak with a solicitor who can advise you of which experts are available near you, and which are suitably qualified to give an independent opinion in your case. If you have been involved in a work accident, it is best to consult with a personal injury solicitor to help you decide on the legal actions that must be taken to protect your rights and to make sure you get compensation for the injuries you suffered as a result of the work accident.

Compensation Benefits

The amount of compensation that you may be entitled to will depend on the type of injury you have sustained and the effect the injury has had on your daily life. The legislation contains complex formulas for calculating compensation benefits. This is another reason why you should seriously consider asking a lawyer to handle your claim. You could go it alone and accept what the insurance company tells you that are entitled to. But, remember this- insurance companies are businesses and they do what they can to maximise their profits which often means paying out as little compensation as possible.

If you want to make sure that you are obtaining your maximum entitlements under the law, don’t rely purely on what your claims officer has told you that you can claim. Claims officers are employed by insurance companies. Sure take advice from them, but more importantly, get INDEPENDENT legal advice. Talk to a lawyer today. And not just any lawyer, but a workers compensation lawyer who specialises in representing injured workers and not insurance companies.

Each compensation system varies, but generally speaking, if your claim is accepted, you may receive benefits for:

Loss of wages (weekly benefits)
Medical treatment expenses
Permanent impairment
Psychiatric impairment

If a family member has died as a result of a workplace accident or injury, then the deceased’s family may be able to make a claim for death benefit. Death benefits provide for lump sum payments, funeral costs and weekly payments for dependents.

No Win No Pay Solicitors

We have access to Australian workers compensation solicitors who represent claimants on a No Win No Pay basis. If you need help in making a claim for compensation, or if you wish to dispute an insurance company’s decision, you should obtain legal advice as soon as possible. Time limits apply when making compensation claims, and you should not delay in seeking legal advice. Failure to lodge a claim or an appeal within the statutory time frame may mean that you lose your legal rights to compensation. If you decide to seek legal advice, it is important that you speak with an experienced specialist solicitor. Our workers compensation solicitors are specialist personal injury lawyers who act on behalf of injured workers. If you need to speak with someone for legal advice, then contact us for an obligation-free referral to a solicitor. This service is free to use.

Legal Helpline: ☎ 1800 352 100

*Our service does not operate in NSW or QLD. For more information, contact us.