Workers compensation claims for psychological injury, whether due to bullying and harassment or due to a traumatic event, require expertise, patience and provision of a lot of support to injured workers. In many cases, the evidence is weighted against the worker and you may find the process overwhelming. Many lawyers who work on NSW compensation claims are reluctant to take on a complex case as they are concerned about the limited funding from WIRO. Who can you turn to?
We are experts in NSW workers compensation claims; for physical and psychological injuries. We provide compassionate, clear and highly skilled advice and assistance to get you through the entire process.
Common assistance we provide when you're injured at work
- Lodgment of your claim;
- Providing assistance with the completion of your detailed statement of events;
- Obtaining witness statements;
- Obtaining supportive Independent Medical Examiner (IME) assessments for your claim including s66 assessment and liability;
- Representing you in proceedings if your claim is disputed;
- Access to the best barristers to advise you along the way;
- Resolving your work injury damages claim for compensation due to the negligence of your employer, if you qualify
- Advice in respect of any alternative claims against other parties -eg head contractors;
- Assistance with superannuation claims;
- Advising on motor accident claims if your injury can be classified as both a workers compensation claim and a motor vehicle accident - eg forklift accident or injured by a vehicle in carpark;
We also provide advice and assistance to people injured in non-work related incidents or accidents, for example:
- injured at a public place;
- injured at private premises;
- medical negligence; and
- dental negligence.
First steps if you believe your psychological injury is work-related
If you consider that your psychological injury is work-related, there are initial steps that you can take.
- Speak to your GP or other health professionals to determine whether your injury is due to your employment;
- Provide notification of your injury to your employer or complete a work injury claim form and submit it to your employer; and/or
- Seek legal advice.
Seeking legal advice and the costs associated with workers compensation claims
While there is always concern among those seeking legal advice that costs of the service are unaffordable, legal fees for workers compensation claims are covered by the WIRO.
At Hall Payne Lawyers, we are able to apply for WIRO funding on your behalf. This enables us to assist you with your workers compensation claim and means that you do not have to pay any costs out of your own pocket. This gives you the peace of mind that you are receiving high-quality legal advice without paying any extravagant legal costs sometimes associated with claims. For other types of claims, we provide costs on a 'no win no fee' basis.
Recent wins for our clients
- Seeking review of a decision to decline liability for a psychological injury which resulted in the insurer accepting liability, making all back payments owing to our client and agreeing that the worker meets the threshold and is now able to proceed with a work damages claim due to the negligence of the employer.
- Successfully negotiating past weekly payments to workers with agreement by the insurer that the worker could go on to pursue a lump sum compensation, and the possibility of a work injury damages claim in the future.
- Resolution of a work injury damages claim in excess of $1 million where we had supported the worker throughout the internal investigation in which the employer tried to shift the blame to the worker, to resolution of the s66 lump sum claim, through to the resolution of the work injury damages claim.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
