Workers' Compensation Lawyers

Overview

Workers' compensation claims

If you’ve been injured at work and don’t think you’re receiving the compensation you deserve, come talk to the legal experts at Gerard Malouf & Partners.

Our team of personal injury and workers’ compensation lawyers is experts with 35 years of experience in winning claims and can provide you with the advice you need to gain the maximum compensation for your claim on a no-win, no-fee basis.

We highly recommend working with our accredited specialists when making your claim as we have the knowledge and resources to maximise your claim and manage disputes or rejections that may occur.

Our workers’ compensation lawyers know the ins and outs of Section 195 of the Workers Compensation Act 1951. Workers are entitled to arbitration of disputes per the Workers Compensation Regulation 2002. An accredited specialist knows what workers are entitled to under the law and will help you navigate the process from conciliation to arbitration.

Workers’ compensation legal experts also know the compliance requirements of employers under the Workers Compensation Act 1951. Your WorkCover claim will be handled thoroughly and comprehensively to ensure the best outcome for you and your family.

Get in touch with one of Gerard Malouf & Partners’ workers’ compensation lawyers in your area.

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Winning Workers’ Compensation Claims

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Do I qualify for worker's compensation?

In Australia, workplace injuries are covered by worker’s compensation insurance which all employers are required to carry under a licensed insurance provider. The exact payout of a workers’ compensation package is typically worked out with an insurance company, although the exact rules vary by state.

Workers’ compensation can cover a variety of work-related physical and psychological injuries or illnesses. In general, if your injury or illness was incurred at work you may have a potential case. Consulting an experienced legal team can help you to determine if your injury is sufficient for a claim. An injured worker can be described as:

Physically injured while on the job.
Mentally harmed through their work.
Suffering from a disease contracted or that recurred while working.
Deteriorating under work that exacerbates an existing disease or condition.

Typically, the injury or harm should be such that you require medical treatment and possibly time off work. An employer could pay for work injury damages covering medical costs, rehabilitation, loss of income, pain and suffering and homecare costs. Not all workers are covered by worker’s compensation insurance. If you work as a full-time, part-time or apprentice and you’re injured or disabled while at work, you are covered by the compensation schemes. In some cases, casual workers and volunteers are also included but most schemes don’t cover contractors or subcontractors. The incident doesn’t have to be on-site for your workplace injury to be eligible for compensation. Your employer’s insurance premiums cover you as an employee while travelling for work-related business, on lunchtime or break and commuting to and from work. There are eight main compensation schemes including:

Get our free workers’ compensation guide to learn about how to increase the value of your compensation claim. If you have been injured while at work, a good place to start your claim process is by contacting a workers’ compensation lawyer in your state or territory. If you have further questions about your eligibility to file a claim for workers’ compensation, contact us.

Process

Workers’ compensation claim process

Eligible employees with a workers’s compensation claim should know a few things about the process. Each state and territory’s process varies but there is a general framework. A claim brought by an injured employee is considered ‘no fault’ which differs from a common law claim where a person must prove the negligence of the other party. With these types of claims, an employee only needs to prove that their injury or illness is work-related.

Typically, a workers’ compensation claim should be brought within three months of the injury, however, this is not a strict deadline. The process duration varies depending on the type of claim. If your claim is rejected or you dispute a settlement, these actions can lengthen the process.

In most cases, workplace and work-related injuries are covered by employers’ insurance schemes, but when the payment is not adequate, it’s important that you follow this process for filing a claim.

You notified your employer of your injury or illness as soon as possible.
You were examined by a medical professional capable of diagnosing your injury or illness and recommending treatment.
If needed, the medical professional issued a work capacity certificate for you to request the time needed off work to recover.
File a WorkCover or work claim form with your employer’s insurance scheme.

Some claims may require additional visits to a medical professional that the insurance scheme selects to establish that your illness or injury is work-related and the treatment. Then the governing body for workers’ compensation will call all the parties together to reach an agreement before a court hearing. If you disagree or your claim is rejected, you can appeal. Having the consultation of an accredited specialist in workers’ compensation law will be invaluable for your peace of mind if you have a dispute with the settlement offered during conciliation.

What payout should I expect from a workers’ compensation claim?

Every workers’ compensation claim is different and that means, it can be difficult to predict the final amount of a successful claim. However, most workers’ compensation schemes have outlined what costs they will cover and for how long.

Typically, workers’ compensation payments will cover:

Wages while in recovery.
Costs of medical treatment and rehabilitation.
Travel costs.
Homecare and attendant services.
Aids, appliances and modifications.
Death entitlements.

Under the Workers Compensation Act, employees are entitled to weekly payments based on their established earnings for up to 26 weeks after the date of the injury. However, entitlement varies depending on the type of disability or illness endured.

For permanently impaired people, they may be entitled to a lump sum for compensable pain and suffering. Included in pain and suffering is the lost quality of life resulting from work-related illness or injury. If a lump sum is taken, the weekly entitlements cease.

For an injured employee who returns to work at a pay rate less than your previous wages, a partial incapacity payment is issued to make up the difference for 26 weeks.

Unfortunately, the compensable injury or illness is permanent. If your injuries or illness can qualify for full-body or whole body impairment, you may be eligible for a lump-sum payment. Eligible persons must be examined by a medical professional qualified to assess the affected system and the results are subject to approval by the presiding body in each state or territory. What constitutes a whole body impairment varies in each state and territory. Generally, they follow Section 1 of the Workers Compensation Act to calculate the lump sum payout.

Workplace negligence damages

In addition to helping their clients to get a full workers’ compensation claim package, an experienced compensation legal team can help you to seek workplace negligence damages if the charge applies to your situation.

Typically, an injured worker becomes eligible to pursue this form of relief if their impairment reaches a threshold for whole person impairment, indicating that they have sustained a life-altering injury. For example, it’s 15% permanent impairment in NSW and 11% for a physical injury and 15% for a psychological one in Queensland. Additionally, your role can impact the threshold for whole-body impairment. It’s important to note that once you receive a lump sum for wage loss, your workers’ compensation entitlement comes to an end.

Most individuals in such a situation are happy to receive a lump sum payment so they don’t have to deal with insurance companies on an ongoing basis throughout their lives.

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Gerard Malouf & Partners

A record of success

The experienced workers’ compensation and personal injury lawyers of Gerard Malouf & Partners have a long track record of getting payouts for injured workers. Time and again, our team has shown the tenacity to take on the largest insurance companies in Australia and win claims for people like you.

In one case, from November 2020, we were able to secure a $700,000 negligence claim against our client’s employer. Our client had been working as a general hand and forklift driver, undertaking jobs where he would regularly lift car parts, radiators, copper and brass that sometimes totalled in excess of 20kg. As a result, he suffered major injuries to both of his shoulders and cervical spine. He had to undergo arthroscopic surgery on his left shoulder, have injections in both shoulders, manipulation surgery and follow-up physiotherapy. Ultimately, after all of this, the plaintiff was still unable to safely return to work.

With our assistance, this individual was able to settle a permanent impairment claim of 28% Whole Person Impairment; thus, he was eligible to bring a Work Injury Damages claim against his employer. Our team got to work gathering evidence of negligence and an unsafe work environment; leading the employer to settle in mediation. The payout was a major victory for our client, who now has enough money to cover his continued medical care as well as support himself now that his injuries have limited his employment prospects.

In another case, also won in November 2020, a Gerard Malouf & Partners’ lawyer was able to secure our client $900,000 in compensation for a spinal cord injury. Our client was a glass fitter which required him to lift and carry glass panels weighing upwards of 25kg with only limited breaks or variation in movement or duties. During the course of his work duties, he sustained a repetitive motion injury that caused radiating pain through his limbs and required surgery to his lumbar and cervical spine.

As in the case of the forklift driver, our team successfully settled a permanent impairment claim that also made the man eligible to bring an additional Work Injury Damages Claim against his former employer. From there, our compensation lawyer was able to secure an equitable payout for him.

It’s important to note that workplace injuries caused by long periods of overuse, rather than a single catastrophic event, can still qualify you for large workers’ compensation settlements.

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Frequently Asked Questions

More information about Workers' Compensation

Commonly asked questions about workers’ compensation claims, settlement and compensation.

What am I entitled to if I can’t work due to injuries suffered in an accident?

If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation. This may seem like stating the obvious, but there are members of the public who are completely unaware of what accident compensation they are entitled to if anything were to ever happen.

How can I sue my employer for negligence?

In order to sue your Employer for negligence, it needs to be shown that the injury was caused as a result of the Employer’s negligence.

Aside from establishing negligence, you need to satisfy a threshold of 15% Whole Person Impairment in order to commence proceedings against the Employer.

If the impairment is below 15% Whole Person Impairment, you would not be permitted to commence a Common Law negligent claim.

Can I make a lump sum claim?

Lump Sum Claims are still available for injured workers in certain circumstances and that is, if it is determined that you have an impairment of at least 11% Whole Person Impairment (WPI).

Therefore if you are determined as having an impairment of at least 11% WPI, you would be entitled to a lump sum payment.

Unfortunately, lump sum entitlements for pain and suffering has been abolished.

What is a no-win, no-fee lawyer?

A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.

Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.

What is the workers’ compensation legal process in New South Wales (NSW)?

The legal process for filing a workers’ compensation claim in NSW starts with gathering evidence, informing your employer (within three months) and filing a WorkCover claim. In most cases, the claim will be given to the Personal Injury Commission to achieve possible mediation before starting court proceedings. If some sort of an agreement is not reached, work injury damage claims are most often heard in the District Court.

What is the difference between a workers’ compensation claim and work injury damages claim?

A workers’ compensation claim is considered a ‘no fault’ scheme, but a work injury damages claim (also known as a negligence claim) must show that the employee’s suffering is a result of their employer’s negligence. The process for filing these claims differs as do the entitlements.

What if your workers’ compensation claim has been denied?

If your workers’ compensation claim is rejected, you can lodge an appeal or dispute for compensation and medical benefits.

How much does it cost to make a workers’ compensation claim?

There is no cost to make a workers’ compensation claim but there are costs involved in proving that you became sick or injured in a work-related incident. Those costs — medical costs, legal costs and rehabilitation costs — will vary from person-to-person.

What’s the difference between a workers’ compensation claim and a personal injury claim?

The main differences between a workers’ compensation claim and a personal injury claim are:

Personal injury claims must prove that the incident occurred and liability is involved.
Workers’ compensation claims do not have to prove negligence.
Personal injury cases allow for damages while workers’ compensation entitlements follow strict criteria.

We’re here to help maximise your workers’ compensation claim. Call us now on 1800 004 878 to book a free appointment with one of our workers’ compensation lawyers, or make an enquiry online now.

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Our difficult case policy

At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.

Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.

We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.

This is our core philosophy and what differentiates us from other law firms.

“You guys did an amazing job for me, I really appreciate all the hard work you put in for me during my case. I only have the highest regard for you and your team! ” 

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Meet the Workers' Compensation team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Workers’ Compensation claims.

We're here to help maximise your compensation

Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

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Workers' Compensation Lawyers

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