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My WorkCover claim was rejected. Should I commence court proceedings?

I work in a factory. Around 6 months ago I hurt my back. Since then I have had to go to the doctor and a physio nearly once per week. Plus I have had to pay for lots of anti-inflammatory medicine to try and manage the pain. I made a claim for WorkCover but it was rejected. Should I go to court now? I need compensation.
Asked in Newcastle - Newcastle and Lake Macquarie, NSW, 29-11-2015
1 Lawyer Answered
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  1. Civil Litigation
Lawyer Answers (1): Answers from lawyers are general preliminary responses. They are not formal legal advice and cannot taken account of all your circumstances. They do not create a lawyer–client relationship.

Answer by Lisa Wulfsohn, Melbourne 3000 VIC

  • In most states and territories in Australia you must first attend conciliation or mediation before you are allowed to commence civil proceedings in court.
  • Conciliation and mediation are alternative dispute resolution processes that help people to come to an agreement without the need for court.
  • Remember that if you go to conciliation or mediation you must make a genuine effort to resolve the dispute.
  • If the dispute is not resolved then you may then take the matter to court.
  • At this point you may like to get some legal advice about the strength of your case and an estimate of the costs for running your case. 

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