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Workers Compensation Claims
WORK INJURY LAWYERS
Work Injury Claims
If a worker is injured in circumstances where the employer is negligent or at fault, he/she may be entitled to bring a work injury damages claim. The bringing of such a claim will terminate the injured worker’s statutory workers compensation entitlements.
A work injury claim cannot be brought against an employer unless the injured worker has been assessed as having at least 15% whole person impairment in accordance with WorkCover guidelines.
In those circumstances, the injured worker will receive his/her statutory workers compensation entitlements until the work injury damages claim is resolved, including lump sum compensation pursuant to those entitlements for the degree of impairment.
The work injury claim then allows the injured worker to in addition claim compensation for the entire extent of his/her past and future economic losses, including the loss of superannuation benefits.
It is necessary to comply with strict time limits and procedures in order to make work injury damages claims, and it is therefore recommended that legal advice be obtained as soon as possible in this regard. Specifically, there is an overall time limit of 3 years in which to make a work injury damages claim, from the date of an accident.
Find out if you can claim
Contact any of our workers compensation lawyers in Australia by calling 13 43 63 or via our online enquiry form.
Alternatively, you can visit us at any of our offices nationally in:
- Our NSW offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong and Gloucester.
- Our Queensland offices are in Brisbane, Logan, North Lakes, Ipswich, Toowoomba, Gold Coast, Sunshine Coast and Cairns.
- Our South Australian offices are in Adelaide CBD and Whyalla.
- Our Western Australia office is in Perth.
Meet the team
No Win, No Fee
You will never be out of pocket. You do not have to pay unless we win your case. If we don’t win, you don’t have to pay us a cent.
Frequently asked questions on claiming workers compensation
What is the fee policy in work injury claims?
For work injury claims in Australia we act for our clients on a ‘No Win-No Fee’ basis. So in other words unless we recover compensation for our client, we will not charge for our work. Be sure to ask one of our lawyers if you have any questions regarding our fee policy, as conditions do apply.
In our experience if your claim has reasonable prospects of success, the applications we submit to the Workers Compensation Independent Review Officer (WIRO) are almost always approved. Once approved, the WIRO will pay for all of your legal costs and disbursements.
Our lawyers are accredited by WIRO as Approved Legal Service Providers (ALSPs).
How do I make a workers' compensation claim?
You should notify your employer as soon as possible so the incident can be recorded and if you require time off work, you should consult with your general practitioner and have the doctor complete a Work Cover Certificate of Capacity. You should provide this Certificate to your employer.
Are there any time limits?
Yes. A claim should be made as soon as possible and made within a maximum of six months of the date of injury or accident. If your claim has been made outside of this period, you can still pursue your claim in exceptional circumstances.
How much does the insurer have to pay in weekly compensation and how long will I receive payments for?
During the first 13 weeks of incapacity, you are entitled to be paid 95% of your pre-injury average weekly earnings. From 14 weeks to 2.5 years you are entitled to be paid 95% of your pre-injury average weekly earnings by the insurer if you are working at least 15 hours per week and you are entitled to be paid 80% of your pre-injury average weekly earnings by the insurer if you have no capacity for work or if you are not working at least 15 hours per week. You are only entitled to ongoing payments from the workers compensation insurer after 2.5 years in limited circumstances.
Will my medical and treatment expenses be covered for life?
Unfortunately no, as there are time limits which have been placed on the provision of medical and treatment expenses. If your degree of whole person permanent impairment is 10% or less whole person impairment, your entitlement to medical and treatment expenses will cease 2 years from the last date weekly compensation payments were payable to you. If your injury has resulted in between 11%-20%, you are entitled to a period of 5 years. If your level of whole person impairment is 21% or greater, you are entitled to have your expenses covered for life.
Am I entitled to lump sum compensation for my injuries?
You are entitled to lump sum compensation if it is agreed you suffer from a 11% or greater whole person impairment. The assessment of whole person impairment must be made by a specialist doctor who has trained and is accredited by Work Cover. The amount of compensation is dependent on the severity of your impairment with a set amount of compensation payable for each percentage loss.
You are only entitled to make one claim for lump sum compensation in respect of the permanent impairment that results from an injury and it is important you seek specialist legal advice before investigating your potential claim. We note the NSW government implemented legislative amendments on 13 November 2015 permitting injured workers whom were compensated by way of lump sum compensation prior to 19 June 2012 to make one further claim if your condition is assessed to have deteriorated.
What happens when my claim is disputed by the insurer?
If the workers ‘compensation insurer disputes liability for your claim or disagrees with the level of permanent impairment, it is important you seek specialist legal advice as soon as possible. We can assist you in requesting the insurer review their decision and if this is unsuccessful, we can assist you in referring your matter to the Workers Compensation Commission to determine the dispute.