While you are not required to engage a lawyer to submit a workers compensation claim, seeking legal advice is strongly recommended. It’s especially crucial if you are unsure of your rights or facing a complex situation like a psychological injury (which has defences for the employer in the Act). A workers compensation lawyer can help you navigate the claim process and potentially secure a better outcome. A workers compensation insurer cannot provide you with legal advice during the claim process, so it’s important to speak with a lawyer.
Navigating legal rules, deadlines, and the court system can be very confusing for many people. Having an expert to help you can significantly improve your experience and allow you to focus on your recovery. Learn more about how being represented by a workers compensation lawyer can help you make a claim.
Can you settle a workers compensation claim on your own?
Yes, you can settle your workers’ compensation claim on your own. However, it’s important to understand the risks involved in deciding to settle your claim without legal representation. Settling your workers’ compensation claim will completely finalise the claim. You cannot claim any further compensation related to that injury from the party you enter the agreement with. Any future time off work or medical expenses caused by that injury will need to be covered by you.
This is why it’s strongly recommended that you seek out legal advice before starting the compensation claim process.
Learn More: What You Should Know Before Settling a Workers’ Compensation Claim
Why Consider A Workers Compensation Lawyer?
Navigating Legal Complexities
Workers’ compensation laws and processes can be confusing, exhausting, and frustrating for many people. A qualified lawyer can help you navigate the legal system effectively and ensure your rights are protected. Lawyers will help you understand the nuances of workers compensation laws specific to your work injury. They will also ensure your claim is properly lodged within the correct timeframes. If your claim is declined, a lawyer can guide you in disputing the decision and collecting evidence to strengthen your claim before any applications are made to get a determination of liability.
Dealing with Insurers
Negotiating with insurance companies can often be intimidating. Claim officers and insurance lawyers represent the insurer’s interests, and a lawyer can help ensure your rights are protected and your best interests are represented. They will also lodge your claim directly with your employer and their insurer, providing you with the support and guidance you need.
Common Law Claims
In some cases, you can seek a common law claim if you believe your work injury was caused by the negligence of the employer or another party. Common law claims are typically more complex and time-consuming than a workers compensation claim and must be commenced within 3 years of the injury. For this reason, seeking legal advice at an early stage is important. A lawyer can investigate whether your injury was sustained in negligent circumstances, which would potentially entitle you to damages through a common law claim.
Looking for a Workers Compensation Lawyer?
Anvil Legal’s lawyers assist injured workers in navigating the WA legal system to get the compensation they are entitled to. If you’ve been injured on the job, contact us for a free initial consultation. Every claim is different, and the laws are constantly changing. We strongly recommend seeking the opinion of a legal professional who can review all the details of your case.
