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?
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 possible 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 reasonable medical and rehabilitation expenses paid for. If your injuries leave you with a permanent physical 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 your injuries to stablise and 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.