Workers Compensation Lawyers
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Melbourne Workers Compensation Lawyers

As a worker, you should be fairly compensated for injuries suffered while on the job. It’s in the law, but there are loopholes and ways that businesses can skirt the legalities to the prejudice of workers.

There are three reasons why this happens:

  1. Workers compensation laws are complex
  2. The laws are ever-changing
  3. Some lawyers lack expertise in workers compensation law

The first two challenges are not difficult to hurdle if your workers compensation lawyer is diligent and stays updated. It is the third challenge that can prove to be most arduous because the legal system demands that there be evidence to prove that an employee was unfairly compensated.

In addition, the law leans more heavily on rehabilitation than lump sum compensation. The problem with rehabilitation is that long term maintenance is cumbersome if an employee has to keep returning to the employer for assistance. It isn’t very employee-friendly.

In Australia, of the 12.5 million workers surveyed, 85% of the workers who were injured in the past 12 months continued working while 7% had to change jobs. Most of those who were injured were male, many were primary income earners. In addition, those with the highest number of work-related injuries were those in the 50-54 age category followed by those in the 15 to 19 age category.

Work-related injuries in Australia are declining as safety measures are improving. However, accidents still happen. Under the Workers Compensation Act of 1987 (NSW), a new section (38) makes a worker ineligible for weekly compensation after 5 years unless the injury covers 30% of the “whole person” or is a “high need” worker. What happens if your insurer decides that you are a worker without high needs?

What Workers Compensation Covers

If you are injured at work or while performing your duties as an employee, you have rights to request for compensation with the following expenses:

  1. Medical treatment – emergency and non-emergency cases
  2. Weekly payments
  3. Hospital care
  4. Rehabilitation

The First Four Steps to Workers Compensation

As soon as possible, after the injury occurs, take these four steps to have access to financial assistance from your employer. However, you should ask your employer first what he or she can do to help you before you assume that you will have to seek legal remedies.

Step 1 – Report the injury to your immediate supervisor
Step 2 – Document your injuries and treatment
Step 3 – Fill out the Workers Compensation form and submit to your employer. Make sure you have a received copy for your records.
Step 4 – Talk to a Melbourne workers compensation lawyer at Lennon Mazzeo Lawyers about your case. You will be in a better position to negotiate for compensation if you have experienced legal representation.

Keep in mind that, in many cases, employers will consult with their insurance provider, and compensation may depend largely on the decision made by the insurance company. You should listen to their offer, and if you are not satisfied that you are being fairly compensated, let our workers compensation lawyers in Melbourne take over and help you not only get financial compensation, but maintain good relations with your employer so that you may keep your job – should you wish to keep working with them.