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If
you have been injured at work or in the course of your employment
you may be entitled to compensation
What
circumstances are required for a claim?
Workers'
compensation
If
you are employed or contracted to do work, you may have
a claim for workers' compensation for an injury or illness
that occurs at work or is related to work. It is not necessary
to prove that someone else was at fault. We also specialise
in acting for both South Australian Government and Commonwealth
Government employees.
Claims
against third parties
It
is sometimes also possble to make a claim against a third
party in relation to an injury at work, but only if you
can show that the third party has been negligent.
In
most cases, we will be able to tell you if your claim will
succeed after you discuss the circumstances of the injury
or illness with us. We offer free first interviews for this
area of practice so, if you don't have a claim, there may
be no fee for the first interview.
What
will we do if you have a claim?
If
you have a claim then we will handle negotiations with your
employer, and the third party (if one is involved) or their
insurance companies. We will get medical reports from doctors
relating to your injury or illness and have your capacity
to work assessed. Throughout your claim we will liase with
you, your employer, the third party and the doctors to gather
enough information to accurately assess your compensation
claim.
What
are you entitled to claim for?
You
are entitled to weekly payments of workers' compensation
if you are unable to perform any of the tasks that you normally
perform at work or if you are able to do some of these duties
but your employer cannot find alternative work for you to
do. You are also entitled to have your medical and rehabilitation
expenses paid for. If your injuries leave you with a permanent
disability it may also be possible to negotiate a lump sum
payment of compensation.
In
a claim against a third party you may also be entitled to
compensation for pain and suffering. We will discuss these
entitlements with you throughout your claim.
How
long will your claim take?
The
time taken for your workers' compensation claim to finish
depends upon how long it takes for you and your employer
(and your employers insurance company) to agree on a figure
of compensation.
The
time taken to finalise a claim against a third party will
depend on how long it takes you to recover from your injuries.
Your claim cannot be finalised until you have fully recovered
or you have recovered as well as can be expected (in the
opinion of your doctors). Once your claim has been finalised
it can't be changed, so it is important that your claim
not be resolved until we are fully informed about what future
problems you may have.
When
should you seek legal advice?
If
you are concerned about the compensation payments that you
are (or are not) receiving you should seek legal advice.
Similarly, we can assist you if you are concerned about
the work duties that you are being asked to perform while
you are incapacitated.
Which
solicitors practise in this area?
Our
solicitors who practise in this area are:
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