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We provide comprehensive legal assistance for Workers’ Compensation claims. Our team is dedicated to supporting employees who have suffered injuries or illnesses due to workplace conditions or accidents. We guide clients through the complex process of claiming workers’ compensation, ensuring they understand their rights and receive all the benefits they are entitled to. Our approach is focused on achieving the best possible outcome for our clients, helping them navigate the legal system with ease and confidence.

Karena Nicholls

Karena Nicholls

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What is Workers Compensation?

Workers compensation is a form of insurance payment to employees that ensures workers are rightfully compensated when they are exposed to physical injuries, suffer psychological injuries or diseases originating in the workplace.

Suffering an injury at work puts you in an emotional and stressful situation. The time off work, the emotional rollercoaster of uncertainty, the time to go to medical appointments and generally dealing with the Insurer can be quite frankly exhausting. Our team at Coutts is dedicated to assisting injured workers in making their compensation claim a smoother and easier process.

What does it cost?

Coutts has IRO-approved lawyers. That means if you are eligible, we can obtain an IRO grant to cover the cost of your legal fees and disbursements. Sometimes there may be a small gap to pay. If you are not eligible, we offer a No Win No Fee arrangement for many clients. (This does not apply to exempt workers).

We can assist in claiming

A successful claim may result in one or more compensation payouts.

These include:

  • Payments of weekly compensation claimed against your lost wages for a period of time that you have suffered from your injury. This can be from being unable to work or only being able to work a lower-paying alternative due to your injury.
  • Payment of your reasonable medical and treatment expenses such as medication and the travelling involved to receive treatment.
  • In the event of receiving permanent impairment or inability to use injured body parts, you may be entitled to a lump sum payment as compensation.
  • In the event of a death, dependents may be able to claim weekly payments or a lump sum on behalf of the deceased.
  • Common law assessment to determine negligence and eligibility.

When should I seek legal representation for workers compensation?

Some employers are great at supporting workers and work together with the Insurer to ensure they receive the best possible outcome. But sadly, there are cases of denied liability, treatment disputes, loss of wage disputes and disputes as to whether the worker is entitled to lump sum compensation. This is where we step in to guide you through every step and ensure the best possible outcome. It is crucial to seek legal advice as soon as an injury has occurred during work. We note that to pursue common law action you have 3 years from the date you were injured to commence proceedings. After this time any rights you may have concerning common law will be lost.

If I’m no longer working, how can I afford to make a claim?

You may have heard of IRO which stands for Workcover Independent Review Office. Their key role is to issue grants of funding to workers to pay for their legal fees and disbursements to gather evidence to bring a claim. This does not apply to exempt workers.

This means you do not have to fund your own workers compensation claim even if you are unsuccessful. However, in order to get a grant from IRO we need to establish that you have reasonable prospects of success.

So what happens after you get a grant from IRO?

Once you have a successful grant, we gather your medical records and other evidence to support the claim. We take care to look at all aspects of your claim and ensure that you are bringing the most viable claim.

If the Insurer denies liability we prepare an application to resolve a dispute and file it with the Personal Injury Commission (“PIC”). The Insurer will file a Reply and the matter will then be allocated for a teleconference for the parties to come to any resolution.

We pride ourselves on personal service and communication, ensuring you are kept up to date with every process of your claim.

What happens if we cannot come to an agreement with the insurer?

Failing a resolution at that stage the matter is listed for Arbitration. An Arbitration is where the matter is before an Arbitrator who is independently appointed by the PIC and will review the materials and conduct a hearing of the matter for any oral evidence. Following the completion of the Arbitration, the Arbitrator will then issue a Determination. We will be with you every step of the way to ensure you understand the process and maximise your compensation rights and benefits.

Once the matter is completed either by way of settlement or by Arbitrator decision we issue an account to IRO for payment of our fees. This means you don’t have to pay us or wait to be reimbursed for any legal expenses. Workers Compensation claims require an understanding and experienced lawyer to ensure you get the best possible outcome.

If you are an exempt worker?

We offer “No Win No Fee” our fees are not fixed fee like many other firms. We offer you the ability to pay at the end and recover (if successful part or all of your fees from the insurer).

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.

Book Your Workers Compensation Consultation Now

Introducing Karena

Your Compassionate Lawyer

Meet Karena, a Partner at Coutts Lawyers & Conveyancers, and the head of our esteemed Injury Compensation and Employment Law teams. With over two decades of experience in the field of Insurance Law, Karena’s passion, dedication, and client-focused approach have established her as a leading authority in compensation and employment law.

Karena Nicholls
Karena Nicholls

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Workers Compensation FAQ’s

Almost any injury or illness that occurs as a direct result of your job responsibilities or workplace conditions can qualify for workers compensation. This includes but is not limited to, slip and fall injuries, repetitive stress injuries, injuries caused by machinery, occupational diseases, and even psychological injuries that arise due to work-related stress or trauma.

No, workers compensation operates under a no-fault system. This means that you don’t need to prove negligence on the part of your employer to claim benefits. The primary requirement is that the injury or illness must be work-related.

No, it’s illegal for an employer to retaliate against an employee for filing a workers compensation claim. If you believe you have been wrongfully terminated or faced retaliation because of your claim, you should seek legal advice immediately.

If injured, your immediate priority is to seek medical attention. After ensuring your health, you should notify your employer of the injury as soon as possible. Keeping detailed records of the incident, any witnesses, and your medical treatment can help strengthen your claim. Finally, consider consulting with a Lawyer to guide you through the process.

Workers compensation can cover injuries that aggravate, accelerate, or exacerbate pre-existing conditions. It’s essential to provide medical evidence that your workplace incident directly contributed to the worsening of your condition. Consulting with a Lawyer can ensure you present a strong case.

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