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Injury Compensation FAQs

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Karena Nicholls
Q&A with Karena Nicholls (Partner), Injury Compensation

At Coutts, we offer a No Win No Fee policy meaning that if you don’t win your case then we won’t charge you for our legal fees. No Win No Fee is offered to eligible clients. Discussion as to eligibility is offered at the first FREE consultation.

Any person who is defined as a worker or employee can claim workers compensation.

In general, you are entitled to weekly payments, along with medical and rehabilitation expenses. There are limits imposed by the government, and we will discuss these with you.

If you (the worker) have a permanent impairment as a result of a work-related injury or illness, you may be entitled to receive a lump sum payment as compensation. This is in addition to weekly payments, medical and related expenses that may generally be available through the workers compensation system.

Under Section 151G of the Act, an impaired person is entitled to make a common law claim for damages (NSW) for past economic loss suffered due to the loss of income. The injured worker can also claim for future loss of earnings that will be suffered owing to the incapacity and inability to earn.

Depending on the type of claim we would need to consider if we can establish Breach of Duty, Causation and damage (negligence) (there is a no-fault scheme for workers compensation so you don’t need to establish negligence that you had a work accident and work must be a substantial contributing factor or main contributing factor for psychological) then we look at the extent of the damages which could include pain and suffering, economic loss, medical treatment and whether you have needed assistance around the home.

On average, an injury does not stabilise until 12 months after the injury or subsequent surgery. Then depending on the type of claim, there are different Courts and Tribunals to try and have the matter move in a timely fashion. It depends on the extent of the evidence.

If liability is accepted, we can ask the Insurer for a hardship payment upfront. You can also go to Centrelink to ascertain what benefits may be available to you.

You should bring medical reports, claims forms, letters or other forms of documentation regarding your case, anything that will assist the Lawyer in giving you advice.

For compensation matters ,there is no cost for the first consultation. Costs will be discussed at the meeting if the matter is to proceed. Most cases are taken on a no win no fee basis, if eligible. Workers Compensation or IRO may be available.

The rules require that the incident be reported to the employer, and they are to report to their insurer. Failure to report may result in your claim being denied.

There are time frames when it comes to making a claim. Seeing a lawyer will help you navigate if you’re still eligible to make a claim. Exceptions can be granted if you have a reasonable explanation as to the delay, remember to check before you decide to forget about it.