Posted on 09 Oct 2024

Do I Need a Lawyer for Workers Compensation?

Understanding workers compensation

You can claim workers compensation for any injury or illness that occurs at (or because of) work. They’re also known as ‘workcover claims’.

It doesn’t matter:

Who was at fault.
Whether you are a part-time, full-time, or casual worker.
Whether you are a subcontractor (in most cases).
If your injury is psychological (e.g. stress), provided it was directly caused or aggravated by your job.

A successful claim provides basic entitlements, including:

Weekly payments to cover lost earnings (up to 95% of your pre-injury income).
Coverage for hospital and medical expenses.
Access to rehabilitation, counselling, and other support services.
Reimbursement for travel expenses related to your treatment.

It’s also important to note that you may be eligible for a lump sum payment if your work-related injury or illness results in long-term issues. In NSW, for example, you must demonstrate a Whole Person Impairment (WPI) of 11% or more to qualify for a lump sum payment.

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7 ways a workers comp lawyer can support your claim

Understanding the requirements of your state scheme: each state has its own workers compensation scheme, and you’ll need to know the specifics of yours to secure the entitlements you deserve. Let’s take the definition of ‘worker’ as an example. In NSW, the definition is pretty broad. It may include non-traditional employees based on the type of work they do or their relationship with their employer. In contrast, Queensland has a narrower definition, focusing mainly on traditional employment relationships. These differences can significantly affect your eligibility for workers compensation. That’s why it’s crucial to have a work compensation attorney who knows the ins and outs of each state scheme. They can explain all your rights and the specific requirements in your state.
Gathering strong evidence: workers compensation attorneys can help you gather all the evidence you need to show the severity of your condition and its connection to work. This includes things like medical reports, expert testimonies, and other key documents. They’ll also cover all upfront costs for this evidence, so you’re never out of pocket for your claim.
Minimising delays: several factors can influence the length of your workers compensation claim, such as the severity of your injuries, the treatment you require, and — crucially — how well your claim is prepared. While you may have little control over the first two factors, working with an experienced workers compensation lawyer will ensure your claim meets all requirements, including time limits and evidence. A properly prepared claim helps you avoid delays and start receiving weekly compensation as quickly as possible.
Ensuring you’re recovered before returning to work: to minimise their costs, insurance companies often try to rush you back to work after an injury. A lawyer for workers compensation can obtain independent medical evidence to show why you need more time off. They’ll also challenge any insurer claims that you’re ready to return to work too soon. This way, you can focus on fully recovering before heading back to your job.
Handling disputes: if your claim is denied or disputed, -workcover compensation lawyers can help you request a review. As part of this process, they’ll counter all the insurer’s claims and compile compelling new evidence. If the insurer still refuses to pay your claim, your lawyer can take your case to court. While you’re waiting for the outcome of your claim, your lawyer can also help you secure temporary income support.
Securing your common law damages: if your injury was caused by your employer’s negligence, such as inadequate training or improper safety equipment, you could have a common law damages claim. Unlike standard workers compensation payments, a common law claim offers a significant lump sum to fully address the impact of your injuries. With so much compensation at stake, it’s crucial to consult a lawyer for work injury early. They can assess your eligibility, protect your rights during the workers compensation process, and negotiate with insurers to ensure that any settlements don’t affect your right to make a common law claim later.
Finding your superannuation benefits: a specialist lawyer can review your super policy and find any additional claims you may have, including Total and Permanent Disability (TPD) and income protection. TPD claims provide a large lump sum if you’re permanently unable to work, while income protection offers temporary payments if you can’t work for a set period. To qualify, you need to meet all the conditions in your super policy. An experienced lawyer can review your policy, explain your entitlements, and gather evidence matching each of your policy’s terms. This ensures your benefit is paid quickly and in full.

Common challenges in workers compensation claims

Quick settlement agreements: a quick settlement agreement is a lump sum compensation deal between you and your employer, designed to speed up the claims process and get you financial support right away. While they can be tempting, it’s important to know that once you sign an agreement, you can’t make another workers compensation claim for that injury — even if your condition gets worse or you realise the settlement doesn’t cover all your losses. That’s why it’s crucial to chat with a lawyer before you accept a quick settlement. They can investigate your claim and determine whether a quick settlement agreement is the best option for you.
Time limits: to make a successful claim, you need to meet the time limits that apply in your state. For example, in NSW, you have to start your claim within 6 months of your injury. This is relatively straightforward if you were injured in a one-off accident, but it gets more complex if your injury developed over time, like Repetitive Strain Injury (RSI). Our workers compensation attorneys can help you figure out all the key dates for your claim and make sure you meet the time limits. If you’re already past the deadline, they’ll apply for a time limit exception on your behalf.
Resignation: if you resign from your job due to the injury, this can affect your weekly payments. Some insurers may say that your resignation breaks the link between your injury and your inability to work, which could lead them to cut or stop your payments. A workers comp lawyer can challenge these claims with evidence that proves the extent of your injuries and that you can’t continue in your current role.
Termination: you can still file a workers compensation claim even if you’ve been let go from your job. However, it’s often more complicated than claiming while you’re still employed. Beyond proving that your injury is work-related, you’ll need to explain why you didn’t file your claim before being terminated. Common reasons include not being aware of the injury or not knowing you were entitled to compensation, but many other reasons may be accepted. Before you file a claim, it’s essential to consult with a lawyer. They can help clarify your rights, determine the best explanation for the delay and gather strong evidence to support your claim.

To tackle these challenges effectively, it’s crucial to seek legal advice right from the start. A skilled workers compensation lawyer can guide you through your entitlements and the specific requirements of your state scheme. They can also help identify additional claims you might be eligible for, such as TPD or common law damages. With an experienced lawyer by your side, you can avoid unnecessary delays and ensure a smoother, faster resolution to your workers compensation claim.

To sum up

Navigating workers compensation claims involves more than just understanding your state’s scheme—it requires experience, strategy, and the ability to stand up to insurers. Whether you need help understanding your rights, proving that you meet your state’s requirements, or challenging an insurer’s decision, a skilled lawyer offers vital guidance and support.

Get in touch today to speak with an expert lawyer. Our legal team is ready to review your case and provide free legal advice for workers compensation claims.