How a lawyer can help with your workers compensation claim?

Workers compensations claims are far more complicated than they appear. Though you may believe that the occurrence of an injury is sufficient evidence for making a compensation claim, the legislative system makes things a little more difficult. Your best chance for obtaining workers compensation is to engage a specialist lawyer.

Having the knowledge of dealing with the legal system, gathering evidence and presenting a compelling argument is critical to successfully obtaining compensation. Our workers compensation solicitors at Frisina Lawyers have the qualifications and expertise needed to offer this sort of assistance.

Understanding why workers compensation exists

All employers in Australia’s states and territories are required to have workers compensation insurance for their employees. It protects employees in the event of a workplace injury or illness. In NSW, insurers manage claims as scheme agents for the government, overseen by the State Insurance Regulatory Authority (SIRA).

An injured worker must notify the employer or the insurer (Icare) of an injury in order to commence a workers compensation claim. Procedurally a claim form and certificate of capacity must be provided to initiate a claim. Matters can rapidly become complex and confusing to navigate, necessitating the engagement of a specialist law firm.

Is there ever a time when you don’t need a workers compensation lawyer?

Yes, there are some injuries for which a lawyer is not required. For instance, sprains, small cuts and bruises suffered at work can generally recover on their own without any requirement for medical treatment. In such a case when an injury is minor and there is no medical treatment or financial loss, there is no need to engage legal representation.

However, there are some scenarios in which engaging a lawyer to act for you in a workers compensation claim is essential. Let’s have a look at some of the possibilities.

Instances when you may need a workers compensation lawyer to help with your claim

When you are unsure if you’re a ‘worker’ according to the law.

Under workers compensation law in NSW a worker is defined to mean a person who has entered into or works under a contract of service or a training contract with an employer.

A person may also be classified a ‘deemed worker’ if they are a subcontractor performing any work (not being work incidental to a trade or business regularly carried on by the contractor in the contractor’s own name, or under a business or firm name) who neither sublets the contract nor employs any worker. The contractor is taken to be a worker employed by the person who made the contract with the contractor.

At times, this can be confusing for injured workers if they suffer a work related accident or disease. Furthermore Icare may contest the injured workers status as a ‘worker’. This issue is usually faced by subcontractors.

When you have a pre-existing medical condition

A workers compensation claim may be denied if you are already suffering from a pre-existing medical condition. The insurer may determine that your pre-existing medical condition was not connected to your job.

When this happens, it is likely you will need to engage a lawyer to obtain the relevant evidence to establish if your injury was either caused or aggravated by your work. It is usually impossible to accomplish this successfully without the assistance of a lawyer who understands what is required.

When your capacity for work has been impacted or may be impacted in the future

You may still be entitled to workers compensation benefits if your capacity for work has been impacted by a work related injury or illness. An insurer will generally pay weekly workers compensation benefits for partial or total incapacity for work. However, claimants are often subjected to work capacity decisions made by the insurer which impact on weekly compensation benefits by reducing or stopping payments to recipients. Matters involving work capacity are often complex and usually require the assistance of a workers compensation lawyer.

When you are a Centrelink recipient

Your workers compensation payments may diminish your Centrelink benefits and may also have an impact on your partner’s payments. If you commence receiving weekly workers compensation benefits, you must notify Centrelink before the money is released. The impact on your Centrelink benefit is determined by the type and amount of compensation. A lawyer can assist you in determining the impact on your Centrelink payment, along with reporting your payments to the Centrelink authority.

Conclusion

Engaging a workers compensation lawyer is critical to ensuring you obtain the benefits you need. Contact Frisina Lawyers today on 9602 4999 to assist you with your workers compensation claim.