Here at Anvil Legal, we understand that obtaining workers compensation can be a tough process. That is why we always recommend you seek the assistance of an experienced workers compensation lawyer to ensure that you have the best chance of successfully receiving any workers compensation payments you may be entitled to.
The following 9 questions will help you determine which lawyer to hire for your claim.
How Does The Workers’ Compensation Claim Process Work?
- You must have suffered an injury (wide definition) due to your work duties here in WA;
- You will need a first certificate of capacity from your GP;
- You need to fill out a workers compensation claim form;
- That form and certificate need to be given to the employer;
- The employer has 7 days to give it to their insurer;
- The insurer has 14 days from when they receive the claim to write to you;
- The claim can be either, accepted, denied or a deferred decision notice sent out;
- If accepted you may be entitled to weekly payments (lost wages) and medical expenses
- If denied then you should seek a workers compensation lawyer to assist;
- 14 days after the date of the deferred decision letter the insurer must either make a liability decision or start paying provisional payments.
What Amount Of Compensation Do I Qualify For?
This is one of the most important questions to ask your workers compensation lawyer. When you are injured at work, you have the right to make a compensation claim seeking weekly payments and reasonable medical expenses, however, if it is not accepted you could be in a long fight to try and obtain any entitlements. An accepted work injury claim is at minimum entitled to weekly payments and reasonable medical expenses being covered.
After reviewing your valid work injury claim, your work injury lawyer will be able to provide advice on what benefits you should receive.
How Do Workers Compensation Lawyers Get Paid?
Once you have made a claim you may start looking for a lawyer, many work injury lawyers will be glad to assist with your case without any upfront payment from you for their legal services. There are some exceptions to this, so it’s important to check with your lawyer how they will be paid for representing you regarding your claim.
If your claim is successful, your legal fees should be covered by the insurer and you generally won’t have to pay out of pocket or from your settlement to receive legal aid.
What Areas Of Compensation Law Do You Specialise In?
Compensation law is a broad area, there are numerous types of compensation claims that can be made. These include workers compensation, vehicle accidents, personal injury, medical and public liability claims. Workers compensation claims can also be for a number of workplace injuries including physical injuries, psychological injuries, disability or impairment.
Because each compensation claim is unique, it’s ideal to hire a compensation lawyer who specialises in the area that you are filing your claim. This will give you the best legal advice and the best chance of receiving compensation for your claim.
Will I Be Working With You Directly Throughout The Case?
It’s important for your worker accident lawyer to work closely with you throughout the compensation claim process. The best workers compensation lawyers make sure you understand every step of your claim while giving you legal support.
What Will You Require From Me?
Your workers comp lawyer may require medical records, medical certificates, and other documents to support your claim, we can usually obtain all claim documents from the insurer if the claim has been lodged. Other documents may need to be obtained if the claim is in dispute.
If you need assistance acquiring evidence or don’t have sufficient evidence for your claim, your lawyer should be able to help.
Can I Sue My Employer For A Work Injury?
Depending on your claim, it might be possible to sue your workplace for your work injury. Suing an employer is complicated and you will need the help of a lawyer who specialises in work accidents and common law claims. They will be able to provide guidance on the process under the workers compensation legislation and for filing any common law claim. If you think you may want to sue your workplace, it’s important to ask your compensation lawyer if it’s possible to do this for your specific claim.
Can I Sue My Employer For A Work Injury?
Depending on your claim, it might be possible to sue your workplace for your work injury. Suing an employer is complicated and you will need the help of a lawyer who specialises in work accidents and common law claims. They will be able to provide guidance on the process under the workers compensation legislation and for filing any common law claim. If you think you may want to sue your workplace, it’s important to ask your compensation lawyer if it’s possible to do this for your specific claim.
Do You Have Experience with Common Law Claims?
Your workers compensation claim may require the common law path. It’s important that your workers compensation lawyer has past experience in common law claims. Having an attorney with experience lodging common law claims in the Courts is ideal for the best chance of receiving your compensation.
Settling the claim
The general method of settling a claim in Western Australia involves:
- Negotiations between you and the insurer
- Agreement on settlement terms is reached
- Preparation and signing of paperwork
- Send paperwork to WorkCover WA for approval
- Compensation is sent out
This may not be appropriate for your particular claim so it’s a good idea to ask your lawyer how they will proceed with your work injury claim.
If you have any further questions about hiring a work injury attorney, call Anvil Legal on 08 6143 5200 or fill out our enquiry form. We will try to answer your queries.
