The process of a Workers Compensation case
Every Workers Compensation case is different and there are a number of steps you'll generally go through during the process. Your lawyer will guide you through these stages and ensure you get the best possible outcome.
Lodge your WorkCover claim
You'll need to lodge a WorkCover claim within 30 days of you becoming aware of your injury. If it's been longer than 30 days, you still have options but should speak to us immediately. Whether your claim is accepted or rejected, we can help you. If it’s rejected, we can help fight that decision. If it’s accepted, we can help if you have any issues with your employer or their insurer. You may also be eligible for additional lump-sum compensation.
Get in touch with us
The most important thing to do at any stage is to speak to us and understand your options. Whether you’ve already submitted a WorkCover claim or not, we can help you at any point. We’ll tell you everything you need to know, obligation free, at your free initial appointment**.
Attend your free initial appointment
Here, we'll give you all the information you need to make an informed decision on whether or not to proceed with us. This includes letting you know your legal rights and entitlements, our fee arrangement, and the next steps involved should you choose to proceed.
We'll organise any immediate assistance you need
Once you choose to proceed, we'll organise any immediate compensation benefits or care that you require. This could include a range of things including immediate medical expenses or appointments you need organised.
We’ll investigate and gather evidence for you
We might need to obtain relevant medical information from your treating doctors so that we may better understand your injury and the impacts it has on your life. Expert reports, such as from engineers or safety experts, may also be needed.
We may also speak to your co-workers or any witnesses to better understand how your injury happened. Your family members or friends may also help us better understand how your injury has impacted your life.
You may attend an independent medical examination
We'll arrange independent medical examinations when necessary. This is to obtain a greater understanding about your injury and the impact it has on your work and life.
An independent medical examination is an examination conducted by an approved medical practitioner or allied healthcare professional. Examination reports provide information that can be used to support your recovery, rehabilitation and return to work. These reports may also be used to help inform a decision about your entitlement to compensation.
A relative or friend can accompany you to the examination, but it's up to the independent medical examiner whether they can be present during the examination.
You may need to dispute a decision made by the insurer
When your workplace's insurer makes a decision in relation to your claim or compensation, you always have the option of disputing the decision. The insurer must provide a written statement of the decision, setting out what the decision is, why they have made it and your rights in relation to appealing it.
You can still challenge a decision even if you haven't been provided with written notice. If you disagree with a decision made by the insurer we can guide you through the dispute resolution process and/or issue proceedings in court if necessary.
You'll receive compensation or begin court proceedings
Our expert preparation of your evidence means most cases are settled without the need for going to court.
However if you are not offered a fair and reasonable resolution of your claim, we may need to take your case to court so you can get the compensation you're entitled to. Should it proceed to court, our No-Win - No Fee* arrangement still applies.
If your case goes to court
Remember, most cases are settled without the need for court proceedings. If this does happen however, we'll prepare your case and ensure you're well informed of:
Relevant court processes
Duration of legal proceedings
How to prepare to give evidence
What to expect during cross examination
Legal cost implications
Preparation will also involve engaging a barrister to represent you at court as well as arranging the attendance of any witnesses. The barristers that we use also operate on a No Win - No Fee* basis.
In some circumstances if you are unsuccessful in your court case you may have the right to appeal the decision to a higher court. Your lawyer will be able to advise you about this should you need.
Speak to us today
Our priority at Slater and Gordon is to ensure you:
Feel supported through the workers compensation process
Understand your rights and entitlements
Assist you with disputes which may arise with the workcover insurer
Maximise your compensation
Provide you with clear and accurate advice about your prospects of success
You should contact us if:
You have suffered an injury at work
You have suffered a flare-up of an existing injury or disease whilst at work
You have suffered a psychological injury at work
You want to know more about your potential to obtain lump sum compensation
Your employer is pressuring you to return to work
The insurer won't pay for a particular expense
You've never received advice about a workplace injury
You want to know where you stand within the law.
No Win - No Fee*
We are the original No Win, No Fee* lawyers. This means that if you don’t win you don’t pay Slater and Gordon’s fees (the fees that we charge for the work we do on your case).
*For full T&Cs on No Win - No Fee, click here.