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Workers' Compensation Claims

Overview

Workers compensation lawyers

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 lawyers are experts with 35 years of experience in winning workers’ compensation claims and can provide you with the advice you need to submit a successful workers’ compensation claim. 

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

If you’ve been injured at work, you may be entitled to make a workers compensation claim. 

Gerard Malouf & Partners has supporting workers’ compensation claims for over 35 years and can provide you legal advice concerning your workers’ compensation claim. 

We highly recommend working with a dedicated lawyer to increase the chance of a successful claim, and to maximise your compensation.

35
YEARS EXPERIENCE
Winning successful cases for our clients.
98%
SUCCESS
RATE

Winning Workers’ Compensation Claims

35,000
CLAIMS
WON

That translates to billions of dollars for our clients.

35
Years Experience
No Fee
IF You Don'T Win YOur Case
Unique
Service GuarAntee

How do I qualify for workers’ compensation?

Workers’ compensation is the payment that companies make to their employees who have been injured on the job. Typically, this works as a form of insurance that employers pay into. As a result, 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 large 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.

To be eligible for workers’ compensation, you must report your injury and consult a medical professional, who will give you a medical certificate that says your injury is legitimate. After that, you’ll be able to submit a claim for workers’ compensation. This claim should be made within three months of your injury, however, this is not a strict deadline.

Process

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

The amount of a workers’ compensation payout can vary widely depending on the severity of an injury and the length of time it prevents you from working. Being on the job with legal assistance while pursuing compensation will help you to maximise your claim and take advantage of every option available. Typically, a successful workers’ compensation claim will include payment for:

  • Medical and rehabilitation costs
  • Economic loss, including lost wages and benefits
  • A possible lump sum compensation for pain and suffering or if you suffered permanent impairment. This form of compensation only occurs in some cases, usually if a worker is permanently unable to return to work.
  • Legal costs, if there are any

Workplace negligence damages

In addition to helping their clients to get a full workers’ compensation claim package, an experienced 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 compensation claim is greater than 15% of whole person impairment, indicating that they have sustained a life-altering injury. It’s important to note that once you receive a lump sum for wage loss, your Workers’ Compensation Claim 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.

Free Resources
Download our free guide to receiving maximum justice from your case

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Gerard Malouf & Partners

A record of success

Experienced Lawyers

The experienced solicitors and barristers 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. The injuries required him to undergo arthroscopic surgery on his left shoulder, as well as injections in both shoulders, manipulation surgery and follow-up physiotherapy. Ultimately, after all of this, the plaintiff was still unable to safely return to his previous work.

With our assistance, this individual was able to settle a permanent impairment claim of 28% Whole Person Impairment, which also made him eligible to bring an additional Work Injury Damages claim against his former employer. Our team got to work gathering evidence of negligence and an unsafe work environment, putting the employer in a position where they agreed 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 barrister was able to secure our client $900,000 in compensation for a spinal cord injury. The client was working as a glass fitter which required him to lift and carry glass panels weighing upwards of 25kg, typically with only limited breaks or variation in movement or duties. This resulted in him sustaining a repetitive motion injury that caused radiating pain through his limbs and required surgery to his lumbar spine 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 barrister was able to secure an equitable payout. 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.

The solicitors and barristers of Gerard Malouf & Partners are experienced at managing workers’ compensation claims. View our successful case summaries and you will see how we were able to secure $700,000 for a forklift driver who suffered injuries due to heavy lifting, or $900,000 for a client who suffered a spinal cord injury.

We're here to help

Contact us for no-obligation legal advice about your claim.

Free Resources
Our guide to maximising your legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

Frequently Asked Questions

More information about Workers' Compensation

Commonly asked questions concerning how to make a Workers’ Compensation claim.

 

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. 

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.

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.

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.

Our Promise To You

Our difficult case policy

At Gerard Malouf & Partners we have introduced a policy that if any case appears to be overly difficult or unlikely to obtain a good result for the client our lawyers must bring it to the attention of the management team via a detailed pro forms explanation early and then our management team will take all steps possible to ensure it is successful and that we obtain the maximum result for the client.

This is unlike other law firms who often run compensation claims in a mechanical way. At Gerard Malouf & Partners, our personal injury claims services handle each claim thoroughly and comprehensively prepare it in every aspect.

This is more tedious, more complex and costlier for our firm in some ways but the best result will be achieved every time for our clients seeking accident injury compensation service. It is our professional obligation to strive not just for some justice but for the maximum achievable. 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! ”


Our Client
Our Team

Meet the Workers' Compensation team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Workers’ Compensation claims.
Aadil Ahmed
Senior Associate
Gerard Malouf
Principal

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.

Gerard Malouf
© 2021 
Gerard Malouf & Partners
 — Personal Injury Compensation Lawyers

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