Firths - The Compensation Lawyers. Client Services

Workers Compensation Claims

General Introduction

If you are an employee and sustain an injury either at work or on your way to or from your place of employment then you are eligible to receive workers compensation payments regardless of whether there was any fault on the part of your employer.

At workers compensation there are three separate and distinct forms of compensation available to you as follows:

Weekly compensation at your award rate of pay for the first 26 weeks of total incapacity and thereafter an amount set out under the Act depending on your circumstances as they exist following that 26 week period. This is an ongoing entitlement.
Payment of all reasonable and necessary medical expenses must be met by the insurance company, including travelling expenses to and from such treatment.
Lump sum compensation for any impairment to your person arising from those injuries, which needs to be determined by a suitably qualified doctor.

How can I claim?

The lodgment of any workers compensation claim should be made promptly as there are time limits applying for such claims to be made. Accordingly it is vital that you report the injury promptly and lodge any claim for compensation as promptly as possible. As these documents are critical to the future conduct of your claim it is vital that you seek and obtain early legal advice in respect of the lodgment of these documents. Failure to do so will inevitably lead to future difficulties.

What will it cost?

The answer to this question in short is nothing! That’s right we don’t charge you anything for our work as we are paid by the insurance company. We don’t even ask you to pay for the expenses, we cover those too until we are reimbursed by the insurance company at the end. Accordingly you will not be out of pocket at any stage. If we do not succeed in your claim we simply do not get paid. Accordingly it is in our interests to do all that we can to win your case.

I want to claim but feel embarrassed to do so

This, believe it or not, is the reaction of some people who, through no fault of their own, are injured at work. There is absolutely no need to be embarrassed or ashamed of bringing a claim for compensation. Workers compensation insurance is compulsory. Your employer pays it so that if you are injured you are covered. The effect of any such claim is minimal on your employer and is no different in effect to you claiming on your own home or car insurance if your home is robbed or if your car is involved in an accident.

I would like to claim compensation but am reluctant
to see lawyers

This too is a common problem with people who have been injured at work. The reality of the situation is that, as a firm who specialises in this area, we will quickly put your mind at ease.

Claiming compensation can be stressful and worrying for some people. Not only do you have to cope with the physical pain from your injuries but people are usually placed under severe financial hardship by the inaction of insurers who do not pay compensation promptly or reliably or who do not reimburse expenses quickly, or who make little or no attempt to rehabilitate people back into the workforce in any meaningful capacity.

That is why we recommend you see a specialist firm such as ours to protect your interests and to prevent insurance companies from failing in their obligations to you. If you fail to obtain good legal advice from a specialist in the field you could put yourself at a significant disadvantage. After all the insurance company always uses specialist lawyers, so why shouldn’t you.

What about if I believe my employer has been negligent?

Unfortunately these days common law claims against employers in negligence are very limited. That is because the Government has passed laws which say that no matter how guilty your employer was you are only entitled to bring a negligence (Work Injury Damages) claim if you are assessed as having 15% or greater Whole Person Impairment (WPI).

Even if you qualify your damages are restricted to past and future wage loss. But at least this gives you some means of recovering the difference between what you are receiving on workers compensation and what you would be earning if still working. However you are required to give up all your future Workers Compensation rights including the rights to medical expenses. So the decision to go ahead with a negligence (Work Injury Damages) claim is a difficult one that we would need to discuss with you in depth.

Is there any way around this? About the only way we can overcome this hurdle is if your injury was caused by the negligence of a third party other than your employer.

This is one area where a specialist firm like ours can make a big difference. We have had people come to us whose solicitors have told them there is no more that can be done for them only to find out from us that they are eligible to claim substantial lump sum compensation from third parties.

What should I do?

You should contact us now on our toll free number 1800 631 888 to discuss your claim.