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 is Workers Compensation?

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

What does it cost?

Coutts has IRO approved lawyers. That means if you are eligible, we are able to 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 in 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 nor 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).

Why Choose Coutts?

At Coutts we are proud of our “No win No Fee” policy as we understand the financial burden obtaining a solicitor can have on an individual. We also provide a free Initial consultation and case assessment advice at the beginning of your matter. At Coutts we pride ourselves on providing flexible services to our clients and we will commute to you for appointments. We endeavour to respond to our clients within a 24-hour time frame and have a one point of contact.

Our dedicated team at Coutts understands the complex nature of a Workers Compensation Claim. Our Lawyers are experts in the field of person injury claims specialising in Workers Compensation Claims. We recognise that a compensation claim is highly stressful, and our team are here to provide the support you need.