Workers Compensation Lawyers in Perth and WA

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Our workers compensation lawyers servicing Perth and greater Western Australia handle all types of matters on a no win no loss basis.

12/17 Prowse Street West Perth, 6005 08 6118 1673.

Abstract

  • So far in April 2020, we’ve helped 77 people with workers compensation.
  • The most recent annual publication by the state regulator showed the total number of claims lodged to be 28,161, a decrease of 2,730 from the previous lodgement year.
  • Scheme payments for the fiscal year totalled $887.5 million.
  • Studies show that for numerous reasons many workplace injuries go unreported.
  • Don’t be fooled by thinking your employer and their insurance company has your best interests at heart.
  • If you’ve suffered a physical injury in the workplace or if your psychological health has been affected as a result, Millner and Knight can help.
  • Our panel of expert workers compensation lawyers servicing Perth and WA can help you with any type matters including common law claims.
  • All claims are handled according to our strict risk-free policy.

Workers Compensation is your safety net.

If you’ve been injured, or taken ill, at work and it feels like the whole world is collapsing underneath your feet. You’re worried about future employment prospects, financial security is weighing heavily on your mind and you have self-doubts over your physical and mental capabilities as a result of your trauma.

The good news is that because your injury, or illness, was contracted at work, you are entitled to claim a range of benefits and seek compensation from the workers compensation scheme.

Let’s face it. You almost spend more time at work than at home and in both places you want to feel safe and secure. So, when you are injured in the course of work duty, confidence can take a knock and the physical and emotional fallout can be devastating.

Did you know you may still be covered through WorkCover if you suffered injuries in a motor accident on the way to work?

How can our workers compensation lawyers help?

We can help you make a claim for workers’ compensation if you are injured:

  • In Western Australia,
  • during the course of your employment, and
  • you are defined by law as an employee.

Please note: you may also be eligible if you were working as a contractor or sub-contractor at the time. For clarification call 08 6118 1673.

What to know about workers’ compensation in WA

Western Australia operates on a no-fault basis, however, if your employer is found to have been negligent, and their negligence resulted in your injury then you may be eligible to make a common law claim.

First of all, the experts at Millner and Knight will make a broad assessment of your eligibility for compensation. Depending on your individual experience you may be entitled to make a statutory workers compensation claim, a WorkCover common law claim or both. Once identified we will then discuss;

  • The claims process in great detail from start to finish including how long we think your matter will take to settle.
  • Legal costs including professional fees, disbursements along with full terms and conditions regarding our no win no fee guarantee.
  • Your chances of success and what happens if your case is unsuccessful.
  • How much benefits or lump sum compensation you may be entitled to.

If after our discussion, you still want to make a claim with us, the workers compensation lawyers at Claims Direct will act to the best of their ability on your behalf to ensure your claim is a successful one.

To speak to one of our Perth based specialists call 08 6118 1673.

What is the Workers Compensation Scheme?

Providing a safe working environment is a legal prerogative of all employers in Australia, but injuries still occur in the workplace on a far too frequent basis, which is why the government established the Workers Compensation Scheme to support ailing people in their hour of need and assist in their recovery. Workers’ Compensation operates as an insurance policy and is compulsory for almost all employers. Agents, usually insurance companies, are appointed by government to manage claims. However, frequent disputes do arise between the insurance companies, claimants and/or employers. Which is why it is recommended that you have a professional lawyer representing you to drive your claim to as swift a conclusion as possible.

What entitlements are available through WorkCover?

If you have been injured or become ill at work, you could claim the following benefits:

  • Payments on a weekly basis to offset loss of income.
  • Medical expenses
  • Superannuation payments
  • Rehabilitation services
  • Lump sum payment in certain situations

What are the most common injuries sustained by workers in WA?

Typically, the most frequent workplace injuries in Australia are:

  • Injuries caused by falling from height
  • repetitive strain injuries (RSI)
  • mental illness
  • hearing loss
  • lifting injuries
  • construction site injuries
  • and injuries caused by malfunctioning machines.

Farm workers are commonly injured in country areas and miners on remote sites. Workers can also claim for pre or existing injuries that became worse as a consequence of their work tasks.

Frequent workplace accidents

If you’ve been involved in an accident, it’s best to seek legal advice to find out where you stand. You can call us free today on 08 6118 1673 or start your claim online. Your call will be taken by our experienced customer service consultants who will ask you some questions regarding your individual circumstances before transferring you to a lawyer who specialises in Workers compensation cases like yours.

We can also help you if you suffered injuries in an auto accident travelling to or from work.

What do I need to know about WorkCover?

WorkCover provides cover for all Australian workers. People who are either injured at work or suffer an injury as a result of work duties can claim compensation and should do so as soon as possible.

Learn more about making a Workcover claim here.

Making a legally assisted claim

Assuming that you have already been seen by a doctor and reported your injury to your employer, the most important decision you will now make is whether to appoint a professional lawyer specialising in workers compensation to manage the claim process. This is highly recommended for a number of reasons: It pays to have a professional in your corner, not only to give you peace of mind to focus on your healing journey, but also to navigate the many potholes a novice, or amateur, may not be aware of in pursuit of a speedy resolution.

Can I make my own claim?

In short yes, you can definitely make your own claim however, many claimants find that getting their replacement wages while they are off work can be a difficult task. In many cases, recipients of workers compensation payments feel as if their employer and the insurance company go to extreme measures to not pay them their entitlements.

At Millner and Knight our workers’ compensation lawyers acting in Perth and WA help people every day understand their rights and responsibilities when it comes to recovering any money, they are rightfully owed.

If you’re having trouble accessing your entitlements, or feel as if your employer is putting their interests before yours, speak to a Worksafe expert for a free no-obligation consultation on 08 6118 1673. Our lawyers will communicate with you in a language you can understand, cutting out the legal jargon and ensuring your interests are being put first.

How to lodge your own claim

To lodge a workers compensation claim you need to if you have not already:

  1. Seek first aid and report the injury to your immediate supervisor.
  2. Get your First Certificate of Capacity. (it’s better to get this from your own doctor rather than the companies).
  3. Download a Workers’ Compensation Claim Form here, or get one from your local AusPost.
  4. If you have difficulty completing the form, feel free to give us a call on 08 6118 1673.
  5. Be sure to keep copies of your medical certificate and claim form and send the originals to your employer.
  6. By law, your employer has five working days to complete and lodge your claim form.

Alternatively,

You can speak to a WorkCover expert at Millner and Knight regarding your situation and we’ll guide you through the process.

Speed is of the essence

It is important that you don’t delay when it comes to contacting a professional to lodge your claim. An employer needs to be notified of any injury suffered at work within 30 days and a workers’ compensation claim must be lodged as soon as possible, preferably within 30 days from the date you became aware of the injury. If more than 30 days have passed since the injury became known, it is advisable to contact a Workers Compensation lawyer as soon as possible.

Remember, for the same reason you visit a doctor for a medical diagnosis, it pays to have a workers compensation lawyer representing your cause irrespective of whether you have just been injured or have hit headwinds after receiving WorkCover payments for some time.

My workers’ compensation has been declined or pended

It is not unusual that genuine cases get disputed by the insurer, if this has happened to you it means that no payments will be made to you. It may also be the case that your matter has been put on hold while WorkCover waits for further information regarding your circumstances. In these instances, the insurer then has another 10 days to make a decision. If your case is still pended after another 10 days it will be deemed in dispute. At this point, you will need to lodge an application for conciliation.

Can you get a lump sum?

So, you’re receiving weekly payments but wondering whether or not you’re eligible to lump sum compensation?

If so, you’ve come to the right place.

At Millner and Knight, we help claimants recover lump sum payouts when other firms can’t. Many people who suffer a work injury believe that a lump sum payout is only available in some severe cases, however, this is incorrect. If you’ve recently had a work injury or going through an existing claim, speak to us today about the possibility of a lump sum payout.

As part of our promise and commitment to our clients, we’ll never

  • Go along with the insurance company for a quick and easy payout
  • put our interests before our clients
  • settle for less than you deserve

For straightforward, comprehensive legal advice call 08 6118 1673.

Maximum weekly benefits

We understand the burden of a workplace injury and the financial pressure it places on victims and their families. So, besides helping people recover large final settlements, well also ensure you receive the full amount of weekly entitlements too.

For instant clarification regarding payments, hours or any other work related matter please do not hesitate to call us.

What is Comcare?

This is a workers’ compensation scheme that covers all Commonwealth employees and workers whose employers are licensed under the federal workers’ compensation scheme. As with WorkCover, we can help people get compensation from Comcare.

What are the obstacles faced when it comes to making claims?

Each case is different, but people injured at work can panic and not know what to do next as they struggle with the emotional strain of their injuries, which is just one good reason why they need professional help submitting their claim. If a WorkCover claim is unfairly rejected, the help of a lawyer will almost certainly be critical to force the claim back onto the table. Similarly, representation can be paramount when an employer is unjustly putting pressure on an injured worker to return to work, or if they are not being paid properly. If payments have been cut, an employer’s insurer refuses to pay for treatment or is stalling in response to requests, a legal professional can be the difference between failure and success. The process of submitting and managing a workers compensation claim can be complicated and is compounded if you are sick or injured.

Early bird gets the worm

It is advisable to contact a lawyer as soon as possible as this can facilitate a stronger case driven by a professional who understands the process before your claim is assessed. In Western Australia, claims are typically calculated in accordance with the type of injury suffered and a monetary value is determined on the basis of your likely career and financial path before the accident and the subsequent reality after the injury.

Start your workers compensation claim with Millner and Knight

Our local solicitors are here to help you make a successful workers compensation claim anywhere in WA. Start online or call us on 08 6118 1673 to speak with an expert.

We can help you make a claim for workers’ compensation if you are injured:

  • In Western Australia,
  • during the course of your employment, and
  • you are defined by law as an employee.

Please note: you may also be eligible if you were working as a contractor or sub-contractor at the time. For clarification call 08 6118 1673.

Western Australia operates on a no-fault basis, however, if your employer is found to have been negligent, and their negligence resulted in your injury then you may be eligible to make a common law claim.