Workplace Rights

If you have been in a work place accident, you may be eligible to make a claim.

There are three separate and distinct forms of compensation that may be available as follows:

  1. Weekly compensation payments during an incapacity for work following a work injury.
  2. Payment of reasonable and necessary medical expenses by the insurance company, including travelling expenses to and from such treatment.
  3. Lump sum compensation for impairment to your person arising from those injuries, which needs to be determined by a suitably qualified doctor.
Anyone who has sustained an injury as a result of work.

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.
We don’t charge you anything for our work, we are paid by WorkCover.

We don’t even ask you to pay for the expenses, we cover those too until we are reimbursed by WorkCover at the end.

Accordingly you will not be out of pocket at any stage.

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.
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.

As a specialist firm, we protect your interests and 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.
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.

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.

Stephen Paul Firth
Accredited Specialist in Personal Injury Law

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