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Workers Compensation Claims

Workers Compensation Claims and Whole Personal Impairment (WPI) over 20%

Workers compensation claims – A worker who is assessed at over 20% Whole Person Impairment is considered a worker with high needs. Under the Workers Compensation Scheme changes that were made, it not only attracts a payment for a Lump Sum Benefit but also allows the worker to receive weekly compensation for periods of incapacity until retirement age.
The worker will be subject to work capacity decisions. A worker with high needs is entitled to reasonable and necessary medical treatment expenses.
If you require more information regarding your workers compensation claim, please call us to arrange a Telephone Conference to discuss with one of our experts as to your workers compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis.

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Workers Compensation

Workers Compensation and Whole Personal Impairment (WPI)

Entitlement to Workers Compensation – If a worker has suffered a primary psychological or psychiatric injury as a result of his or her employment, their injury must be assessed at no less than 15% Whole Person Impairment. A worker is not entitled to receive Lump Sum Compensation for a secondary psychological injury, that is, one that arises from or is attributed to the physical injuries which are sustained in the actual accident.
If an agreement or an award has been made with respect to the worker’s WPI, the worker is then entitled to receive Lump Sum Compensation, subject to reaching the necessary threshold.
The amount received for a Lump Sum Compensation benefit is dependent on the WPI that is assessed by a WorkCover trained doctor.
If you require more information regarding your workers compensation claim, please call us to arrange a Telephone Conference to discuss with one of our workers compensationexperts as to your compensation entitlements. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au

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Workers Compensation Disputes

Need a Workers Compensation Lawyer?

What happens when a dispute arises with the workers compensation insurer?
If a dispute arises as to liability or part of a claim, you can request the insurance company to review their decision. If this is still unsuccessful, your claim will be referred to the Workers Independent Review Office (WIRO). They can then also decide and give you advice to see a workers compensation lawyer.
Certainly we have brought many claims where liability has been in dispute with funding from WIRO to pay legal costs so that workers are not out of pocket to pursue their rights.
It is important to seek expert legal advice and assistance from a specialist workers compensation lawyer to deal with any disputes with insurance companies.
If you are experiencing a dispute with an insurance company regarding a workers compensation claim, please call us to arrange a Telephone Conference to discuss your compensation entitlements with one of our experts. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.

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Workers Compensation

Workers compensation claims time limits?

If you are injured at work, you should notify your employer as soon as possible after your injury, so the incident can be recorded and your rights to workers compensation are protected.
If time is needed to be off work because of the injury, you should see your general practitioner and any other doctor as soon as possible. The doctor can complete a certificate of capacity and this certificate can be given to the employer.
A workers compensation claim should be made as soon as possible and certainly within 6 months of the date of accident. Otherwise, there will be an explanation needed for the delay.
If you are thinking of making a workers compensation claim, please call us to arrange a Telephone Conference to discuss your compensation entitlements with one of our experts. Call 1300 773 529 or email a Personal Injury lawyer at info@matthewsfolbigg.com.au.
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your worders compensation claim on a No Win, No Fee basis.

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Compensation Law – Court Costs

Court Costs – Compensation Law

Criticism from the Courts in relation to the costly nature of all Court proceedings is not lost on our Compensation Law Team at Matthews Folbigg. We know the importance of balancing our duty to you to achieve maximum compensation with a just outcome for all of our clients, including the duty to keep costs to a minimum.

If you have any concerns or require a more information regarding your Personal Injury or Compensation claim, please call our Personal Injury team at Matthews Folbigg:

Matthews Folbigg Pty Limited
Level 7
10-14 Smith Street
PARRAMATTA NSW 2150
Ph: (02) 9635 7966
E: Paulo@matthewsfolbigg.com.au

 

Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis. 

Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills. 

 

 

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Workers Compensation Claims

Workers Compensation Claims

Under the Workers Compensation Scheme, if you are injured at work, you can still have a claim for compensation, including:

  1. Compensation for medical expenses incurred as a result of a work related injury;
  2. Liability as to whether your injury is work related;
  3. A Lump Sum payment for permanent impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment.

Due to the changes to the Workers Compensation Law, an injured worker is only entitled to a one-off claim for permanent impairment. However, an injured worker may consider a further deterioration claim if an earlier Lump Sum Claim had been made prior to 19 June, 2012. If you have previously received a Lump Sum Claim, we can discuss.

A Matthews Folbigg Compensation Lawyer can approach the Workers Compensation Independent Review Office (WIRO) for funding as to legal costs. Claimants should note that a claim can only be made by a Lawyer who is WIRO approved.

For further information click on the link following https://www.matthewsfolbigg.com.au/services/personal-injury-compensation/
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Personal Injury Lawyer – Changes to the Motor Accidents Scheme

Personal Injury Lawyer – Motor Accident Scheme 

In early 2017, the NSW Government passed significant reforms to the CTP scheme under the Motor Accident Injuries Act 2017.

This new legislation commenced on 1 December 2017. However, the new legislation will only apply to motor accidents that occur after its commencement.

Some of the major changes include:

  • All motorists will now be covered by the new act, regardless of who was at fault
  • Any involved party who has ‘minor injuries’ will receive statutory benefits such as medical and commercial attendant care, and loss of income benefits for up to six months
  • Under section 1.6(1) of the Act, a ‘minor injury’ is defined as being one or more of a soft tissue injury or a minor psychological or psychiatric injury.
  • Drivers and other road users who are moderately injured (whole person impairment of 10% or less), will receive medical and attendant care and loss of income benefits for two years.
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Personal Injury Claim – Loss of Earnings

A personal injury claim for loss of earnings falls under the category of special damages.

Special damages cover out of pocket expenses such as medical expenses and loss of earnings caused by your injury. This is opposed to general damages which covers pain, suffering and emotional harm experienced due to your injury.

Loss of Earnings Claim

In order to prove your personal injury claim, you must produce evidence to show that there has been a genuine loss of wages. These can be shown through past payslips prior to injury.

Your loss of earnings claim will be determined by the court by calculating your average salary through your net monthly wages over the previous 3 months. This will usually be multiplied by the amount of time you have had off work.

Often, people claim that they would have a received a promotion or pay rise but for the incident occurring. This can be proven through witness statements from their employer or a comparison of promotions and pay rises received by colleagues.
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