Workers Compensation Lawyers
Workers Compensation allows for injured workers to claim compensation for injuries or diseases that occurred at work regardless of fault or negligence in Australia. That means that you are entitled to compensation regardless of whether or not your employer was at fault or negligent.
I have been injured at work, what can I claim?
If you have been injured at work you are entitled to claim compensation for loss of wages, medical expenses including travel expenses and lump sum payment if your injury or disease leaves you with a permanent impairment or incapacity for work.
As a result, the lump sum payout would bring your workers compensation claim to an end through settlement. We recommend you not settle your workers compensation claim without speaking to our workers compensation lawyers to ensure you understand the effect of settlement and also to ensure that you are being compensated with the maximum compensation entitlement. A settlement should take into account your injury, weekly payments, medical expenses and permanent impairment.
How do I claim workers compensation in ?
Your work-related injury should be reported to your doctor and employer. Your doctor should complete a First Certificate of Capacity form which will accompany a Worker’s Compensation Claim Form you are required to complete and send it to your employer. After your employer receives the Claim Form, they are required to lodge both the Claim Form and the Certificate of Capacity to their workers compensation insurer within 5 working days from when you sent it to them. The insurer will then have 14 days after being in receipt of your claim form and certificate to inform you with their decision to either accept, dispute, or defer a decision on liability. Upon the insurer accepting liability you should receive weekly compensation payments to cover you for the incapacity to work along with medical expenses.
Alternatively, you can reach our workers compensation lawyers in Perth for a free claim assessment, and we will walk you through the process.
What happens if the insurer disputes liability?
If your claim is disputed by the insurer that does not mean you should not proceed further. We recommend you contact our Perth workers compensation lawyers who will provide you with advice on your options such as lodging an application with the Workers’ Compensation Conciliation Service.
My injuries are 15% permanent impairment can I claim negligence?
My injuries are 25% permanent impairment or more will my entitlements end?
Do I need a lawyer for my workers compensation claim?
You do not have to have a lawyer for your workers compensation claim. We recommend having a lawyer acting on your behalf for your workers compensation claim because it means you have a lawyer you can rely upon who will deal with the insurance company, doctors and act in your best interests to maximise your compensation claim. Also, you are not liable to pay for our legal costs and disbursements out of pocket as our workers compensation lawyers work on a No Win No Fee basis.
Frequently Asked Questions
If your injury or disease occurred in the course of your employment and you are deemed as a worker then you can claim workers compensation and claim the entitlements that includes wages, medical expenses and payment of permanent impairment.
If you have been injured it may affect your ability to work, require you to undergo medical treatment or result in you suffering a permanent impairment. Once you have been injured or suffered a work-related disease and received the necessary medical diagnosis and treatment you should lodge a Workers Compensation Claim Form within 12 months from the date of injury.
If you are a worker that is under an industrial award you will be entitled to that rate, any service payment paid to you on a regular basis and any overtime or bonus you would receive. If you are not a worker under an industrial award, then you would be entitled to receive your pre- injury average income for the year prior to the injury. Your pre-injury average income does include overtime, bonuses, or allowances. If you are a worker not under an industrial award your weekly payments will be reduced to 85% of your pre-injury average income from 14 weeks onwards.
There is a maximum payment limit of how much workers compensation entitlements you can claim. They will cease once the maximum payment limit is reached or if you consent for the payments to cease or if you return to work to your pre-injury duties with no restrictions, or you elect to pursue a common law claim or if you settle your workers compensation claim.
Yes, if your injuries are accepted as having a permanent whole person impairment between 10% – 15%. However, please speak to our workers compensation lawyers to seek our advice first.
Unfortunately, some employers may incorrectly deem you as a subcontractor when you are in fact an employee. By deeming you as a subcontractor the employer could claim that you are precluded from being entitled to workers compensation as some subcontractors and contractors could not be defined as workers, depending on the circumstances. You should consult our workers compensation lawyers to ensure you do not miss out on your entitlements. A worker means any person who has entered or works under a contract or service of apprenticeship with an employer, whether by way of manual labour, clerical work or otherwise. A worker can be full-time, part-time, casual. Questions that we usually ask to determine whether you are considered a worker or not is usually:
• Were you employed by your employer to carry out specific work?
• What was the agreement between you and your employer, either verbally or written?
• Were you on a salary or wages?
• Did you wear a uniform?
• Did you have a set hour of work?
• What was the expectation between you and your employer regarding your work?
• Did you work for more than one employer?
The first step is to report your injury to your employer and to lodge the Workers Compensation Claim Form with your employer. However, moving forward, your employer should have workers compensation insurance which will be the insurance company that will also deal with you regarding payment of medical reviews or medical expenses.