What is Workers Compensation?

In Victoria, workers compensation is available to people who sustain a workplace injury, or an injury arising out of, or in the course of their employment. A number of exclusions and defences to workers compensation claims are contained in the legislation. Recent changes to WorkCover legislation for instance, have restricted those with mental health injuries accessing workers compensation payments.

An accepted WorkCover claim entitles you to weekly payments of compensation, medical and like expenses, and a potential entitlement to lump sum compensation, if you meet the relevant thresholds. Therefore, an accepted WorkCover claim can provide a much needed safety net in times of injury and incapacity.

Given the importance of the supports available, you might be considering whether to seek legal advice from a lawyer to help you lodge your workers compensation claim.

To determine whether you need legal advice when you make a claim, it is important to understand the advice and assistance the team at Redlich’s can provide to you.

How does a personal injury lawyer help you claim Workers Compensation?

Whilst it is not required that you engage a lawyer to lodge a Worker’s Injury Claim form, you may benefit from the assistance of a lawyer in completing the initiating claim form. This is particularly important for injuries that develop over a period of time. In this situation, a lawyer would help you clearly identify the aspects of your work duties that have caused your injury or have aggravated a pre-existing injury or condition. For this reason, seeking legal advice at an early stage is important.

A lawyer will also be able to serve your claim directly on the insurer and your employer, providing you with support and guidance from the start of the claims process.

Having assistance on your behalf to lodge your claim means you will be guided throughout the process and given realistic and accurate advice and information about your prospects to claim compensation and the processes and procedures in dealing with the workers compensation insurer. WorkSafe or the WorkCover insurer will not be able to provide you advice through the process, so it is important to have independent advice. A lawyer will also provide advice on your prospects of having your claim for weekly payments and medical and like expenses accepted. If however your claim is denied, a lawyer will guide you through the dispute resolution process and provide you with advice regarding your available options and prospects of success.

Following this, a lawyer will advise whether you are likely to meet the injury thresholds for lump sum compensation by way of impairment benefit as well as provide you with common law advice and whether your injury is a ‘serious injury’ as defined by the law. Most significantly, lawyers will also provide specialised and expert advice as to whether your injury was sustained in circumstances that were negligent, and therefore would potentially entitle you to damages through a common law claim, where you would sue your employer.

If you seek an expert workers compensation lawyer to assist you in lodging the initial claim form for weekly payments and medical and like expenses, you can ensure that your claim is considered holistically with an eye to any future entitlements.

At Redlich’s Work Injury Lawyers, a lawyer will assist you in completing the claim form in a no obligation initial appointment. 

What are the cons of not using a personal injury lawyer to claim for Workers Compensation?

Lodging a workers compensation claim without the assistance of a lawyer may increase the likelihood that your claim will be rejected, or that your claim does not accurately reflect your injuries or the circumstances in which you were injured. This may then limit your entitlements. A personal injury lawyer knows what critical information is required on the claim form to maximise your prospects of having your claim accepted.

A poorly completed WorkCover claim form can also impact future entitlements to lump sum compensation as the claim form is often referred to during the life of a claim. The claim form, which includes a sworn declaration signed by you, can provide strong evidence of contemporaneous reporting and details regarding the mechanism of injury, which can get lost over time. Therefore, getting this right from the beginning impacts your claims journey.

Whilst it is not fatal to any claim for lump sum compensation, completing the claim form without legal advice exposes you to future difficulties, and the work required to resolve the issues may lead to increased legal costs or in extreme cases, a preclusion from compensation.

If you do not engage a lawyer, you will not be advised of important limitation dates particularly with respect to common law claims. Furthermore, you will not be in a position to pursue your lump sum claims in a timely manner and when your injuries have stabilised with supporting medical evidence.

Do you need a personal injury lawyer to claim Workers Compensation?

Whilst you do not need a lawyer to lodge a workers compensation claim, we recommend that you seek advice at the initial stages of lodgement to ensure your claim is as best placed as possible so you can access compensation that you rightfully deserve.

Given the importance of the supports available through the WorkCover scheme to workers in times of injury and incapacity, seeking legal advice from workers compensation lawyers is a proactive step you can take to help protect your rights.

If you require legal advice or assistance in completing a WorkCover claim form, please contact Redlich's Work Injury Lawyers on 03 9321 9988 or submit an online enquiry to speak directly with a member of our legal team.