No Win No Fee on all compensation claims

Gerard Morson featured on 2GB discussing workers compensation claims - 5 June 2021

Gerard Morson providing Q & A on the 2GB Chris Smith Show discussing Workers Compensation 5 June 2021


CS – Chris Smith/GM – Gerard Morson /C1,2,3, etc – Callers


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Read the transcript below:

CS       Now, I think I need help with my worker’s compensation claim, we hear this all the time from our listeners but this one comes from Phil, he says will it cost me money to see a lawyer now or any money into the future?

GM     Well it’s a good question, Chris, the first thing is that injured workers are supported by the state government in New South Wales, so an organisation called the Independent Review Office funds lawyers to assist injured workers in relation to their claims and that funding can range from simple advice to representation and advocacy should the injured worker require that depending on the circumstances of the claim, so the system is quite complicated as tax payers, the government recognises both the system is complicated and that injure workers need help and they should certainly contact a lawyer at no harm to them and only benefit for themselves.

CS       And in terms of costing Phil money?

GM     Not at this stage. If the matter becomes more advanced and what is called a work injury damages claim comes to fruition then what happens is the lawyer will generally act on a conditional basis or what’s more commonly referred to as no win, no fee retainer. Not all claims get to that stage but initially the government through IRO pick up the tab for worker’s compensation claims.

CS       Alright, I’ve got an email here from Abe. Abe says I’m an Uber driver and I was injured doing my job, can I make a worker’s compensation or motor accident compensation claim.

GM     Abe, good morning, the answer is probably yes, depending on the circumstances of your injury, depends on what claim can be made. If it was a car accident then you have rights under the Motor Accidents Scheme and certainly can make a claim in that regard no matter how the motor vehicle accident occurred, if you were assaulted for example by a drunk patron then you may call on worker’s compensation benefits but that is a tricky area in itself, the Fair Work Commission recently in Franco versus Deliveroo ruled that these gig economy workers are workers, so possibly a claim could be made for worker’s compensation or even victim’s compensation but the best thing to do is certainly call a lawyer in that regard.

CS       Okay, so that’s good news for Uber drivers who may become injured on the job, there’s an avenue you can pursue. Gerard Morson, have a fantastic weekend, thank you for your time.

GM     Thanks for having me Chris.

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