If you have made the tough decision to formally lodge a workers compensation claim, one of the next questions you might find yourself asking is should I engage a lawyer? With all the challenges that you are facing (including recently with CGU announcing it will not be renewing it’s licence), extra support can be required. Lawyers are the experts in this field and will be able to guide me through what is going to happen next, right? Well the answer is yes and no.
Lawyers are experts in law and at the end of the day, workers’ compensation is a legislated benefit scheme to protect and compensate injured workers. It would make sense then that a lawyer would be the best person from the start to help then, yes? The answer to this is no.
Don’t get me wrong, lawyers can play a very important role and I often will refer my clients to lawyers.
Lawyers however, are notorious for two things (generally speaking). 1) Arguing and 2) Making money. While there is a LOT of arguing in workers’ compensation, unfortunately, in the early stages of a claim a lawyer does not see the opportunity to make much money. That comes later in the piece during a common law claim. Getting your claim accepted in the here and now, can be the difference between getting 95% of your normal wages against going on the dole for a few years while you wait for a common law claim.
A lot of lawyers will engage with an injured worker on a no win no fee basis. This is on the premise that they see merit in a common law claim years down the track and may take a substantial % of any payout (possibly in the hundreds of thousands of dollars.)
Unfortunately your case may not warrant a no win no fee structure, which may come with substantial up-front fees to help manage your claim through the liability period.
In addition to this, lawyers may not be allowed to attend conciliation matters on your behalf. These stressful environments can cause all kinds of anxiety on top of an already difficult time.
What are the alternatives?
Some states offer advice lines that you can call to get assistance with workers’ compensation issues. These advice lines are generally put in place for insurers, employers and you the injured worker. The issue with that is that the advice is not tailored to your individual circumstance. Other options may include speaking with your union representative or of course speaking to WorkCover Wise.
Here at WorkCover Wise we give you tailored advice to help you navigate the worries and complexities of the workers’ compensation schemes in Australia.
