Workers compensation lawyers are specialist personal injury lawyers who are specialises in workers compensation claims. Depending on the state, the rule for claiming workplace injury compensation may vary. In Western Australia, an injured worker may claim compensation through the no fault system of workers compensation claim or in limited situations through a common law claim, usually in the District Court of Western Australia.
In many cases a no fault workers compensation claim is relatively straightforward to make a claim, but once you made the claim, the process could be complex. All workers, as long as their injury occurred due to employment, may qualify for no fault workers compensation claim. To make a claim, most workers just need to fill in a workers compensation claim form and provide first medical certificate. If a workers compensation lawyer is involved, then the lawyer may take care the whole process for the injured worker.
A common law work injury claim is slightly different. In order to claim compensation in a common law claim, injured workers must have at least 15% of whole person impairment and the worker must prove that the injury was due to the negligence of the employer or breach of statutory duty. If a worker is unsuccessful in a common law claim, they may need to pay the legal costs of the other side.
The benefit of a no fault workers compensation claim is that injured workers do not need to prove fault, however, the total amount of compensation available is subject to the threshold. The benefit of a common law claim that the there is no maximum threshold in a claim, but the legal process is much more involved.
Depending on the circumstances a worker may be entitled to both a no fault workers compensation claim and have common law legal rights. If the injury occurs in WA, finding a good workers compensation lawyers Perth to assist with the claim may prove to be beneficial. The reasons are:
The law around workers compensation is complex. The experience accumulated from working on similar cases like yours will help the maximise outcome. It is not uncommon that injured workers start out running the case by themselves, and have to turn to an expert workers comp lawyer later on when it gets too hard or too confusing, and sometimes when critical mistakes were made.
2) Better Case Management
Insurers have a dedicated team to manage your case. They have been managing cases for a long time and they know what to do and how to do it. If this is your first workers comp claim, do you have the expertise to manage the case professionally?
3) Better Network
Insurers have a network of doctors, or other service providers to help to build their case against injured people. The injured people will need the same to fight back. A good workers comp lawyer will have all the network ready to assist.
If you have made a workers compensation claim, don’t struggle through it alone. Get a good lawyer to help you. Most of them won’t even charge you unless you receive an award.