If you become injured or sick whilst at work, either mentally or physically, and unable to commit your duties, you may be entitled to compensation. This compensation will cover your wages and medical expenses, including any required rehabilitation, which could make a huge difference in your life. Of course, you may not be well enough to undergo making a claim yourself, and this is where lawyers step in.
When should a Lawyer be Contacted?
After seeking medical treatment, if you decide to seek compensation, a lawyer should be contacted as soon as possible.
You can, of course, settle your claim by yourself without legal assistance. However, professional and experienced lawyers can help you deal with any lawyers your employer may have. Their lawyers may be assigned to them from their insurance company and could deploy tactics to avoid having to pay out a high amount that you’re unfamiliar with and therefore do not know how to counteract.
You may find facing them intimidating and frustrating, but having legal professionals by your side will help you overcome any apprehension. You may also be unfamiliar with your rights, like your right to appeal your employer’s insurance company’s decision in respect of your compensation claim. You should also notify your employer about your accident as soon as conveniently possible, also informing them of your intention to seek compensation.
What can a Lawyer do?
Lawyers can help navigate you through the quagmire of claiming compensation by providing advice for a work injury, Workcover, and any other compensation. As Foyle Legal knows, claimants must receive what they are entitled to. A good lawyer will explain the process clearly and succinctly, so you understand what is happening every step of the way when claiming a sum for having experienced a workplace injury.
Compensation can vary according to the merits of your case, which takes into consideration:
- Your employer’s liability, which includes their degree of failure in their responsibility to protect you from injury in your working environment.
- Your working conditions. This not only includes your current working environment but any training and supervision you have had that is pertinent to your case.
- The seriousness of your injury or injuries. This concerns the number of injuries sustained and their level of complexity.
- Your injury management, which looks at your recovery and how this may be impacted by any permanent injuries or conditions that have arisen because of your workplace injury.
Entitlements can include:
- Weekly compensation claims
- Medical expenses
- Rehabilitation expenses
- Travel expenses to and from medical appointments
- Money for permanent impairment as a result of the injury
By successfully claiming any or all of the above, claimants will not be at a financial loss because of any injuries sustained at work.
Process of Obtaining Compensation
Hiring a Lawyer
Upon discussing the circumstances of your case, if your lawyer decides to proceed with it, you will be issued with an agreement that contains information about how they will represent you. You have to sign the agreement if you are happy with it. It will then be executed and this lawyer will act as your legal representative in the quest for compensation.
Building a Case
Your lawyer will then compile your case, collecting the necessary evidence. You may even be required to answer further questions and supply any relevant paperwork to ensure your lawyer has all the necessary information to hand. Third parties may need to be contacted for information as well. The length of time this takes will vary from case to case and the complexity thereof.
Negotiating
After collating all necessary information, your lawyer will negotiate on your behalf to reach a settlement with your employer and insurer, who are referred to as the defendants. It is hoped a settlement will be reached without having to go to court. This will not only save costs but time as well.
Settlement
This is the point where your claim is settled, and payment is assured. For many claimants, this marks the end of your journey for compensation. For others, it may mark the beginning of other claims. Your lawyer will inform you of what compensation you are entitled to at the outset.
Having legal professionals to assist you in your claim against your employer and their insurance company will provide you with the knowledge that your matter is being properly handled. Your employer will have a lawyer or legal team so by having legal representation yourself provides a level playing field in which to present the facts fairly and hopefully allow you to receive what you should be entitled to whilst recovering from your injuries.