When Can A Workcover Lawyer Help You?
WorkCover claims are covered by the Workers Rehabilitation and Compensation Act, 1986. Any worker injured during employment can make a claim, however they will obviously not always be successful. Legal advice is a good idea whenever you are making a claim, but in some situations it is of extreme importance.
Advice about your Entitlements
All workers making a WorkCover claim should seek legal advice about their entitlements. Different entitlements are available in different situations and it is often not clear cut whether or not you may be eligible. You may be compensated for financial outlay for medical and travel expenses, as well as for the loss of your income. Future costs are sometimes also claimable. In the case of ongoing impairment you may be eligible for a lump sum payment. In this case legal advice is highly recommended, as it is important to weigh up the benefits of weekly payments versus a one off lump sum.
If your employer appears to be hostile towards your claim you need to discuss this with your lawyer and WorkCover case manager. If they refuse to submit the documents you have given in as part of your claim you should forward copies directly to WorkCover or other related body, and consult your lawyer. If your employer is hostile after your claim, you may also need legal assistance. Under section58B of the Act your employer must make reasonable efforts to help you return to work. Your Adelaide lawyer can advise you further.
If your claim is rejected you can speak to your case manager and then lodge a dispute with the SA Workers Compensation Tribunal (by filing a Notice of dispute. Your lawyer can advise you as to the potential success of your claim.
Work Related Stress Claim
Laws and standards surrounding work related stress claims are complicated and nuanced, so it is highly advised you seek a lawyer to lodge these claims.
If you are unsatisfied with the settlement offered to you should immediately seek legal advice. Adelaide workcover claims are often complex and there are many reasons you may be unsatisfied. Pay rates and periods of claim may be unfair and should be disputed where possible. A Notice of Dispute must be made within 30 days of receiving the determination decision, so you need to seek a lawyer quickly. Unfair notional pay rates may exist, especially in the case of casual workers whose wages are not always straightforward.