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Claiming workers compensation is a lot more complex than it sounds. Though you may think that the presence of an injury would provide enough proof for compensation, the law and legal system make it a bit more complicated. A lawyer is your best chance at successfully claiming workers compensation. Knowing how to navigate the law, collect evidence and provide an effective argument is key in acquiring your compensation. Our workers compensation lawyers don’t just have the training required to provide this type of service, but they are also experienced with different types of worker’s compensation cases.
What is workers compensation and why does it exist?
Workers compensation is a form of insurance for all employers in every state and territory in Australia. It is compulsory for every company and provides protection to workers if they suffer a work-related injury or disease. In NSW, insurers are scheme agents that act on behalf of the Government. Workers compensation is covered under the Workers Compensation Act 1987 No 70 and regulated by Insurance and Care NSW (icare), the State Insurance Regulatory Authority (SIRA) and SafeWork NSW.
To claim workers compensation, the claimer must notify the employer and insurer of the injury or disease. The remainder of the process includes filling out a number of forms by specific dates and documenting the injury, including all care required. Depending on the severity of the injury/illness and the response of the insurer/company, cases can very quickly become complicated and render the need for legal assistance from a professional.
Are there instances where you may not need a lawyer?
Yes, while they are very few, there are certain injuries where a lawyer is not needed. Some injuries/illnesses sustained at work such as sprains, minor cuts and bruises often heal on their own without the need for extra care or medical attention. As there will be no financial loss, there is no need to launch a workers compensation case and no need to hire the representation of a lawyer.
However, there are many circumstances where it is imperative that you hire a lawyer to represent you in your workers compensation case. Let’s take a look at what those scenarios are.
4 scenarios where you need a lawyer to help you claim workers compensation
You’re unsure whether you are considered a “worker” under the law
According to SafeWork NSW, a worker is defined as anyone who performs paid work in any capacity for an employer, business or organisation. However, the term can also include unpaid workers such as volunteers or work experience students.
You're considered a worker if you are:
- an employee
- a trainee, apprentice or work experience student
- a volunteer
- an outworker
- a contractor or subcontractor
- an employee of a contractor or subcontractor
- an employee of a labour hire company.
When a work-related injury or illness occurs to people, some are unsure whether they meet this definition. Even if they do meet the definition, the company or insurance company may fight them on their classification as a ‘worker’. This is often seen with volunteers, subcontractors and work experience students.
You have a pre-existing medical condition
When you have a pre-existing medical condition, you’re at risk of being denied workers compensation on the grounds that your illness or injury was caused or due to your pre-existing condition and not related to work.
When this occurs, you need a lawyer to find medical experts and gather other supporting evidence to prove that your injury/illness was work-related. It is difficult to effectively do this without a lawyer as lawyers know what is needed to competently prove your claim.
Your work capacity has been affected or may be affected in the future
If your work capacity has been affected or may be affected by the work-related injury or illness, you are still due workers compensation. However, your weekly workers compensation benefits will become more complex. Cases like this aren’t straightforward and require the legal expertise of a workers compensation lawyer.
You’re receiving Centrelink payments
Your workers compensation payments reduce your Centrelink payments and may also affect your partner’s Centrelink payments as well. If you begin to receive workers compensation, you must tell the government before the release of compensation. The effects on your Centrelink payments are dependent on the type of compensation and the amount. A lawyer will be able to help you determine the effect on your Centrelink payment as well as notify the government of your payments.
Hiring a lawyer is incredibly important for securing your financial safety. To protect yourself and to ensure that you secure the best representation possible for your workers compensation case, contact Prominent Lawyers.
By Anthony Bazouni
*The contents in this article are solely intended to provide general information in summary and do not constitute legal advice. We recommend seeking the assistance of a legal professional to discuss any matters at hand.
