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Workers Compensation

2. How a Lawyer Can Help

Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 31 Aug 2015

I2. How a Lawyer Can Helpf you are injured as a result of a workplace incident a lawyer can provide you with professional and independent advice about your options.

Often when you suffer a workplace injury you will be directed to your employer’s designated ‘return to work co-ordinator’ for the workplace such as an HR manager. This person will be able to:

·         manage your claim;
·         provide you with some general advice on your options; and
·         provide general answers to any questions you might have.
There is no legal requirement for a ‘return to work co-ordinator’ to be trained and their advice may be limited as a result. It is always useful to seek legal advice from a specialist independent source. Even if your case turns out to be straightforward it is a good idea to have a discussion with a lawyer so you can get a clear idea of your rights under the law.

A lawyer can also assist with preparing the application form for your claim. This may be particularly helpful if your injury occurred in circumstances where the law is unclear and will maximise the likelihood of your claim being accepted. If your claim is disputed or rejected and you are not satisfied with your case manager a lawyer can help take your matter to the relevant appeals body.

Legal advice and representation is also useful if you think that a substantive cause of your injury was your employer’s negligence. Some jurisdictions allow injured employees to forgo the workers compensation scheme in favour of seeking damages through the civil courts. The benefit of this approach is that a successful civil action may yield a higher award of compensation. Seeking compensation through private litigation carries its own financial and mental health risks that you should speak to a lawyer about before taking action.

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