When will a Lawyer be effective for a Workers Compensation Claim?

Making a claim for workers compensation is a lot more involved than it may seem at first. It is easy to assume that the mere fact of an injury occurring will be sufficient proof to secure compensation, but the law makes things more complicated.

The best chance for you to succeed with your workers compensation claim is to engage a personal injury lawyer.

The key to successfully obtaining compensation is knowing how to navigate the workers compensation law, gather relevant evidence, and present a compelling argument.

Frisina Lawyers has experienced workers compensation lawyers with extensive expertise handling a wide range of workers compensation claims.

All employers in New South Wales require workers compensation insurance to cover any injuries suffered by their employees.

In New South Wales, insurers serve as scheme agents for the State Government. Workers compensation is overseen by the State Insurance Regulatory Authority in accordance with the Workers Compensation Act, 1987.

An injured worker is responsible for informing their employer about an injury that gives rise to a workers compensation claim.

It is necessary to fill in a claim form particularizing the claim and the incident of injury by the relevant due date. Matters may become complex requiring the intervention of a personal injury lawyer, depending on the nature of the injury or illness and the workers compensation insurer’s response.

Need for legal representation

There are some injuries such as minor sprains, cuts, and bruises that are work-related but probably won’t require a lawyer. These injuries typically recover without any special treatment or medical attention.

However you should always consult with a lawyer before making any decisions about your workers compensation claim where the injury is more significant.

The following instances may determine whether you require the help of a personal injury lawyer to act for you:

You are unsure if you are an employee or an independent contractor

All individuals who work for an employer in any capacity are considered workers under the Workers Compensation Law.

If you are a sub-contractor, you may considered to be a deemed employee.

You are also classified a worker if you:

a. Work for a labour hire firm;
b. Are a student in training or an intern;
c. A piece worker;
d. A taxi driver.

Pre-existing conditions

If you have a medical condition that existed before you commenced working for an employer, you may have difficulty obtaining workers compensation if your employer claims that your current health problems are unrelated to your job.

In such a situation, you should consult a personal injury lawyer who can help you determine whether your injury or illness was either sustained as a result of your employment or was aggravated or exacerbated as a result of your employment.

Your ability to work has been impacted or may be impacted in the future

Your right to workers compensation does not change if the injury or illness has rendered you partially or totally unable to perform your normal duties.

Weekly workers compensation benefits are generally available in such circumstances, provided a certificate of capacity is obtained, attesting to your impaired capacity for work by a doctor.

Getting a personal injury lawyer to help is crucial to protecting your workers compensation rights. Contact Anthony Frisina of Frisina Lawyers in Sydney on 02 9602 4999 to obtain the right advice on your workers compensation claim.