How are legal costs paid under the workers compensation system?

If a dispute arises with the insurer and you require the assistance of a Lawyer to lodge an Application in the Workers Compensation Commission, then your Lawyer will seek funding for payment of their legal costs and disbursements from the WorkCover Independent Review Officer (WIRO).

Within WIRO there is a legal funding service known as the Independent Legal Assistance & Review Service (ILARS). ILARS provides funding for payment of legal costs and disbursements if you can establish that you have a reasonably arguable case.

Your Lawyer will apply to ILARS for payment of legal costs and disbursements so you can proceed with your claim.

If ILARS refuses to fund payment of legal costs and disbursements then you will be required to pay your Lawyers legal costs and disbursements if you wish to proceed with your claim.