There is much uncertainty amongst Australians over how to make a Workers Compensation Claim. Some people believe it is too expensive to make Workers Compensation claims. Others believe it is very complicated and time-consuming. If you have sustained an injury either at work, travelling to or from work or while completing another work-related activity, you may be entitled to a claim for compensation. To find out if you are entitled to make a claim for compensation, contact a Personal injury Lawyer such as Cairns Injury Lawyers. Our law firm has been helping Cairns locals for many years.
How do I make a claim for Compensation?
- To lodge a claim for statutory compensation, also known as workers compensation, you need to complete and lodge a statutory claim form. Your lawyer will be able to help you lodge a claim quickly and cost-effectively.
- If your claim is accepted, WorkCover will pay for medical treatment, plus a portion of your usual weekly wage.
- You may also be entitled to compensation through a common law claim. This process is more complicated than for WorkCover statutory benefits and usually requires legal assistance.
- To start the common law claim process, you then need to lodge a Notice of Claim form with WorkCover.
- You can make a common law claim for lump sum compensation against your employer if you can show that they contributed to or caused your work injury through negligence, wrongful act, or omission.
- Your Notice of Claim must be lodged with WorkCover within three years of the date of your injury.
- Once WorkCover accepts your claim, they have 6 months to investigate before advising you whether they accept or reject the liability and make an offer of settlement.
- Once WorkCover has completed their investigation, you and WorkCover will participate in a “compulsory conference” to try to negotiate a settlement.
- If you can’t reach agreement at the compulsory conference, you need to start court proceedings.
How a Lawyer can help
A Personal Injury Lawyer such as Cairns Personal Injury Lawyers can offer you legal advice and guidance throughout this process. Our Lawyers have knowledge of the law and experience in dealing with personal injury claims. If you have sustained an injury at work, and are unsure of the compensation process, contact us for an obligation free consultation.
Cairns Injury Lawyers ph 4052 0700