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9 reasons why you need an expert workers compensation lawyer

If you have suffered an injury at work you may be able to make a claim for Workers’ Compensation.

The Workers’ Compensation system deals with injured workers rights, the employers rights, payment of medical treatment, lump sum compensation for permanent impairment, weekly payments, and ongoing compensation payments.

The WorkCover legislation is complex and technical, as it requires claims to be made in a certain way. If you get it wrong this could jeopardise your chance to obtain proper compensation.

1. To Make a Claim Correctly

A lawyer can make sure you have made the claim correctly and within the necessary time frames. You need to make a claim within 6 months from the date of your injury.

2. To Review Your Statements

You need a lawyer to review any statement before you give it to an insurer. Once you have made a claim, an insurer will appoint an investigator. What you say to an investigator can have a big impact on your claim. This is an information gathering exercise for the insurer and they are trying to find any reason to decline your claim.

3. To Ensure You’re Paid Correctly

A lawyer can help you get the correct compensation payment. Once payments commence, you need to know if you are being paid correctly. The amount of compensation for weekly payments is very technical and the insurer often gets it wrong.

4. To Ensure You’re Compensated Correctly

The same for payment of medical expenses, often an insurer will just verbally say they won’t pay for treatment such as physiotherapy. This is not allowed under the legislation and an insurer must give detailed reasons in writing if they dispute payment for any medical treatment. This can then be challenged by a lawyer on your behalf.

5. To Ensure You Recover Fully Before Returning to Work

An expert workers’ compensation lawyer can advise you on how to handle aggressive tactics. The insurer’s favourite tactic is to be very aggressive in getting people back to work as soon as possible after an injury. Sometimes this is a good thing but sometimes people need to properly recover from an injury before they can go back to work. The insurer or the rehabilitation provider can be very pushy with you and your doctor and you need to know how to handle the insurer if this happens to you.

6. To Protect Your Rights

A lawyer can advise you on whether you need to take a medical assessment. The insurer looks to decline claims whenever possible by arranging “independent” medical assessments. These are anything but independent. An insurer can only arrange such assessments under certain circumstances and you need to know if you are required by law to attend the insurers medical assessment.

7. To Make Your Best Claim

A lawyer will also generally advise you on your rights to compensation following a work injury. In certain circumstances, you may be entitled to bring a claim against someone other than your employer. This is often a much better claim than basic workers’ compensation.

8. To Assess Your Percentage WPI

You need a lawyer to help you assess your percentage level of Whole Person impairment (WPI) when your condition is stable. The percentage WPI you obtain has a profound effect on how much compensation you can claim and for how long payments are made. It is critical to any worker’s compensation claim.

9. To Determine Your Claim for Work Injury Damages

A lawyer will also discuss with you whether you may have a claim for Work Injury Damages, this is a claim in negligence against your employer also known as a common law claim. This type of claim can be worth hundreds of thousands of dollars and you need an expert workers’ compensation lawyer to guide you if you make this type of claim.

How to Pick the Right Workers Compensation Lawyer

In almost all cases, your workers’ compensation lawyer will obtain more compensation for you than you can obtain on your own.

There are no legal costs in workers’ compensation claims, all legal fees are payable by SIRA (the new WorkCover). One meeting with a lawyer could save you time, effort, and a lot of money.

There are a few things you need to ask when picking a compensation lawyer:

  • Do they have years of experience?
  • Do they offer a free consultation?
  • Do they offer a no-win no-fee costs agreement?
  • Are they an Accredited Specialist?

If your lawyer is an Accredited Specialist, it means that they are an expert in their profession. In order to gain special accreditation, your lawyer will have passed an independent exam which tests their skills and experiences, they also must undergo a peer interview conducted by other experts. Accredited specialists are highly regarded in the profession and are accredited by the NSW Law Society.

If you would like to know more about hiring an expert workers’ compensation lawyer, how to pick a lawyer, or any legal advice in relation to an injury claim please do not hesitate to contact us as follows;

  1. Complete our FREE case assessment form HERE
  2. Email us at info@garlingandco.com.au
  3. Give us a call on (02) 8518 1120 and talk to our specialised lawyers

Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.

Garling & Co Lawyers

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
READ ALL TESTIMONIALS

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Brad M.
02:19 28 Jun 24
I worked with Garling & Co for 3+ years, the team has been incredible and I could not have been happier with Kerry's support and the results produced!I highly recommend choosing them as your... representatives!!read more
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9