Do I need a workers compensation lawyer?
10 minute read
For most people, trying to understand legal rules, time limitations and the court system can be a nightmare. Workers’ compensation injury claims are no exception. Having an expert on your side will make a world of difference to getting on with your recovery and rehabilitation.
Learn more as we dive into how a workers' compensation lawyer can help in your specific circumstances.
Workplace accidents: Do I need a workers' compensation lawyer?
An injury at work can instantly change the course of your life. Medical bills quickly stack up. The idea of returning to work can be confronting. Sometimes it's out of the question.
The financial and emotional pressures placed on you and your loved ones can take their toll. However, a successful workers' compensation claim can provide you with access to the ongoing care and support you need to make a full recovery and get back to work.
The laws surrounding workers' compensation depend on:
Where your injury occurred, and
The circumstances of your accident.
Understanding your legal compensation rights and knowing what you’re entitled to claim can be difficult. That’s why having a legal expert in your corner to guide you is so important to ensure you get the compensation you deserve.
Do I need a workers' compensation lawyer if I know what I need to claim for?
Compensation is awarded according to the specific circumstances of each person's case. The amount of compensation you can receive may depend on:
Your employer’s liability – such as whether they failed in their responsibility to provide you with a safe workplace, and if partially or wholly caused or contributed to your injury
Your working conditions, including previous training and supervision
The seriousness and complexity of your injury, and
Your own injury management including capacity for rehabilitation and the potential for your injury to be aggravated.
The value of an experienced legal compensation expert in your corner, is that they can help you to:
Analyse and highlight the merits of your case
Identify all the compensation you're entitled to claim under the relevant workers' compensation scheme in your state
Know whether your state has limitations on the number of workers’ compensation claims you can make (such as in NSW) - you don’t want to exhaust your one entitlement to claim, without fully understanding the possible impact on your future benefits.
Australia’s five most common work-related injury and illness claims
Body stressing (eg traumatic joint / ligament and muscle / tendon injury) = 32.6%
Falls, trips + slips = 22%
Being hit by a moving object = 15.1%
Mental health conditions = 9.2%
Biological factors eg infections and parasitic diseases = 7.7%
When should I contact a workers' compensation lawyer?
After any workplace injury, it's important to report the incident to your employer as soon as possible. It's essential that you seek medical treatment for your injuries.
We recommend contacting an expert workers' compensation lawyer, who can help you lodge a workers' compensation claim through your state’s WorkCover authority or WorkSafe authority.
Engaging an expert workers' compensation lawyer will ensure your claim meets all the legal requirements. And you’ll be maximising your legal compensation claim and the opportunity for your compensation to include:
Medical costs, including any necessary operations
Time off work and lost wages
Permanent impairment costs
Loss of future earnings if serious injury occurs.
Can I settle my workers' compensation claim on my own?
You can settle your workers’ compensation claim on your own. But, it’s important to consider the risk to the outcome of your claim if you choose to proceed without professional legal assistance.
Where an expert workers' compensation lawyer can really shine, is being on your side to help prevent your employer's insurance company from using legal maneuvers to reject or limit the compensation you may receive in your claim.
Dealing with insurance companies and their lawyers can be intimidating and frustrating – but it doesn’t have to be. You may not be aware of your right to appeal a decision by the insurer. That’s where we can help guide you with these recommendations. Our Shine Lawyers legal team will ensure you’re on an equal playing field with your employer’s insurance company.
Shine Lawyers - Your workers' compensation claim experts
If you’ve been injured in your workplace or in carrying out your work, you don't have to go it alone. We are committed to ensuring all Australians have access to legal support and advice, regardless of their financial circumstances or background.
Find where your Shine Lawyers workers’ compensation team is located in your state or territory:
Our workers’ compensation services are offered on a No Win, No Fee basis*. This means you won't have to pay our legal fees unless we win your workers' compensation claim.
We’ll assess your case, lodge a claim on your behalf and help you access the full range of care and support you need to get your life back on track.
Start your legal compensation claim process with one of our experts over the phone today. You can also use our free online claim checker to find out within minutes if you are eligible to claim compensation.
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