The amount of compensation you are entitled to depends largely upon whether you are making a statutory claim for compensation or a common law lump sum claim.

If you’re eligible for statutory compensation, you’ll receive payment for lost wages, medical costs, and a cash sum based on a statutory formula.

If you accept the cash sum, you cannot proceed with making a common law claim. We encourage everyone who receives a cash offer to urgently obtain legal advice before accepting or rejecting the offer.

Employees may be entitled to more compensation if they can show that their employer was at fault for their injury. Under this form of lump-sum compensation, a worker is entitled to monetary compensation for:

1. Their pain and suffering;
2. Loss of wages and superannuation (plus interest) from the date of their injury to the date they receive compensation;
3. Any likely future loss of wages and superannuation;
4. All past and future medical costs;
5. In some instances, the amount of time that family or friends have spent helping care for the injured worker; and
6. Legal services and costs (but on a limited basis).

Contact our compensation lawyers, for a free assessment to see if you are entitled to compensation.

Deciding whether you intend to pursue a claim for benefits or common law lump sum benefits is the first step in the claims process. This determines which application forms and steps needed for getting the most compensation as quickly as possible.

The WorkCover website has a simple form that must be filled out as soon as possible after an injury is sustained or discovered. Remember that some injuries can occur over time, such as repetitive strain injuries, without a specific incident.

Once the form is filled and submitted to WorkCover, they will generally accept the claim and commence paying statutory benefits immediately. If WorkCover rejects your claim or stops paying benefits, you will need to get legal advice to understand your rights to review their decision.

The process of claiming lump sum compensation begins on the completion of a Notice of Claim via the approved form. The Notice must be submitted to WorkCover within three years of the date of injury being suffered. Only in limited circumstances will this period vary.

Once the Notice of Claim is submitted, WorkCover will typically appoint one of its panel lawyers. The panel lawyers will investigate the circumstances described in the Notice of Claim.

Within six months of receipt of the Notice of Claim, WorkCover will provide a formal response to the worker’s Lawyer. This response will advise whether WorkCover accepts or denies liability for the claim or accepts liability in part.

Once WorkCover’s response has been received, the injured person will undertake one or more independent medical examinations. A qualified medical practitioner will conduct these to report on the nature of the injuries. In conjunction with obtaining independent medical evidence, our compensation lawyers help you to collate all information relevant to the claim such as:

• Medical records
• Financial documentation
• Out-of-pocket expenses; and
• Statements and advice from colleagues, witnesses and firm members.

We usually discuss the details of the accident and the extent of the person’s injuries. They can also include the impacts that the injuries have had on our client’s day-to-day life.

Once all the independent medical evidence and all relevant information and documentation has been obtained and disclosed to WorkCover, a compulsory conference will generally be convened. This can either be done directly or via a Barrister. The purpose of the compulsory conference is to present your case to WorkCover’s Lawyers with a view to seeking to negotiate a suitable settlement.

If negotiations are successful (our success rate is over 85%), an appropriate amount of compensation will be agreed upon, and you will enter into a Deed of Settlement with WorkCover. Compensation is then generally paid within 30 days.

On the rare occasion that a claim is not settled at the compulsory conference, the next step is to commence legal proceedings in the appropriate Court and engage in mediation.

Mediation is like a compulsory conference in that it is a formal meeting between WorkCover’s Lawyers and your team. They generally include a Barrister retained on your behalf. In mediation, you will try to negotiate a fair payment for the injuries you have suffered. Compulsory conferences and mediation differ because an independent senior Barrister, usually a Queen’s Counsel, oversees mediation. The Barrister is engaged by both WorkCover and you to act independently. Their goal is to seek to broker a negotiated settlement of your claim.

As of 30 June 2017, all our client’s claims have been resolved either through mediation or before going to trial. If a claim doesn’t settle at a conference or mediation, it will go to trial before a Judge. The Judge will ultimately determine whether WorkCover is liable to compensate you and, if so, how much compensation you are entitled to.

If you have been injured at work and would like to discuss workers’ compensation cover, contact our team.

Yes!!!

Strict time limits apply to making a worker’s compensation claim. You must file a worker’s compensation claim within three years of the accident or injury. In some cases, it can be challenging to ascertain precisely when an injury is suffered as some injuries (such as repetitive strain injuries) occur over a period of time. In these circumstances, the three-year period starts when you first see a doctor about the injury.

Cairns Compensation Lawyers take all workers’ compensation claims on a no-win no-fee basis. This means that we will not charge you anything upfront, but we will also pay any costs associated with your claim. We will cover expenses such as independent medical report costs and disbursements such as Barristers (if they will not act on a no-win no-fee basis) or expert reports.

If your claim is successful, fees are determined by the amount of work and time spent on the claim by our team. Before any resolution event, like a compulsory conference or mediation, we provide you with up-to-date costs. This will assist you in making decisions regarding any offers made and to understand how much you will have in your “back pocket”.

It usually takes us a year from meeting a client to having a compulsory conference where most claims are settled. In rare cases or in circumstances where our client has suffered significant injuries, this process can take longer. Our lawyers’ experience means we are generally able to give you an assessment of how long we think the process will take at our initial meeting.

If work stress is affecting you, you may be entitled to compensation either through WorkCover or through a Common Law Lump Sum claim. To be successful in making a claim, you need to be able to prove you have a work-related psychological injury such as stress, anxiety, depression, or post-traumatic stress disorder.

Contact our compensation lawyers for a no-obligation, free initial claim assessment to see if you are entitled to compensation.

Yes, casual workers have the same legal rights as permanent employees when it comes to making a WorkCover claim. Whilst you may face more job uncertainty, if you injure yourself and are unable to work, you have the same protection via WorkCover. Talk to our compensation lawyers in Cairns to understand what you could be entitled to.