How to Claim Workers Compensation

The State Insurance Regulatory Authority requires all NSW employers to have a workers compensation policy. If injured in the workplace, you may have the right to claim workers compensation. This also applies if injury is due to a work-related cause.

Who can claim workers compensation?

Ultimately, all employees can make a claim. That is, any staff member who receives wages and commission from a company. In some cases, contractors may also be able to bring a claim against a company that engages them for their services. However, injury from travelling to/from work does not fall under workers compensation claims. These claims can instead be filed under CTP laws.

Circumstances of a Compensation Claim

A workers compensation claim can be a result of:

  • An aggravated pre-existing injury. This may be physical and/or psychological
  • Someone suffering from a disease or injury where work was the main cause
  • Entitlements to medical, hospital, physiotherapy and prescription costs

Making a Claim

Accordingly, the simple steps are as follows:

  1. If physically injured, seek first aid and report injury to employer
  2. Seek medical assistance
  3. Complete a Workers Compensation Claim Form
  4. Provide employer with all necessary documentation
  5. Lodge the claim with insurer including WorkCover NSW- certificate of capacity

As such, a decision of acceptance or dispute will be made within 21 days from the claim.

How can Workers Compensation Lawyers help?

In the process of filing a workers’ compensation claim, lawyers can assist by:

Advising on Procedures

Additionally, workers compensation lawyers understand the consequences of an accident. This includes physical, emotional and financial strain. Our role is to take this into consideration while you focus on the recovery. As the process is complex, the guidance of a personal injury lawyer may allow for a better outcome. Undoubtedly, consulting an attorney will provide greater insight as to how to proceed with the claim. Therefore, it is essential to start off on the right foot.

Taking Action

Moreover, individuals may receive weekly payments. As a result, this may cover medical and associated expenses. For some, a lump sum payment may also be the result. Similarly, considered in the outcome are damages for pain and economic loss too. To ensure entitlements are being met, olicitors will take action.

Pursuing Claim

In conclusion, a workers’ compensation lawyer will assist in the event of a claim being denied. In our process, we will:

  • Gather evidence to support claim
  • Negotiate with all parties to deliver a final outcome in your best interest
  • Settle claim and ensure payment is being received.

To find out more about your claim, contact us at info@prominentlawyers.com.au.

The comments in the article are general in nature. Comments should not be relied upon as a substitute for professional advice. Anyone intending to apply the information contained in this newsletter should seek their own professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. This article is issued as a helpful guide to clients and for their private information. Therefore, it should be regarded as confidential and not be made available to any person without our prior approval.

Liability limited by a scheme, approved under the Professional Standards Legislation.

Pro Pre-Nups? A View from Our Divorce Lawyers

divorce lawyer sydney

Divorce lawyer Sydney tell all you need to know about a pre-nuptial agreement

We often here of the term “pre-nup” where ever Hollywood stars are concerned.

Better known in Australia as a Financial Agreement, a pre-nuptial agreement (pre-nup) is traditionally a legally binding agreement signed and sealed by a couple. Under the law, a marriage bears the same similarities as a contractual agreement. For this reason these agreements may provide peace of mind.

Pre-nup agreements also work in favour of couples who have children from previous marriages. In this, they can ensure that they inherit the value of assets they may have accumulated prior to the second marriage.

The Fine Line Between Pre-Nup and Trust

Misconceived as a “back-up plan” pre-nups can cause tension amongst individuals. However it can also be seen as trust-building. This is due to the fact that both parties are required to disclose confidential information.

According to part VIII A of The Family Law Amendment Act 2000 a pre-nup must be drafted either:

  • Before a marriage
  • During a marriage
  • After a marriage
Before a Marriage
A pre-nup make provisions for how property/assets will be divided. This is only the case if the relationship dissolves.
During a Marriage
Even during a marriage an agreement can be drafted. This is in accordance with section 90C of The Family Law Amendment Act 2000.
After a Marriage
Further, pre-nups can be drafted after a marriage. Following the granting of a decree nisi to a couple who has filed for divorce, a pre-nup establishes the ground rules for how assets will be divided.

In order for either of the three types of Financial Agreements to be binding, each must:

  • Have the signature of both parties
  • Hold a statement that both parties have sought legal advice
  • Still be valid by law
  • Have two copies- the original given to one party and a copy given to the other party

Pre-nups also extend to de-facto and same-sex couples.

How do you decide if you need a pre-nup or not?

Many couples may, at some point or another, deliberate if they would like to enter into a pre-nuptial agreement or not.

The better instances to enter into a pre-nup include:

  • when there is an inheritance one party may soon be entitled to
  • if one party has a great deal of assets
  • to decide on an outcome in advance.

In the event of a dissolution, a pre-nup avoids future formalities. This includes court proceedings and any complications. Further, pre-nuptial agreements also provides prior settlements of alimony or spousal maintenance.

Pre-Nups For and Against:
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Why does a lawyer need to draft a pre-nup?

Having a lawyer present is crucial before entering into an agreement. As dealing with property, assets and valuables, the binding agreement ensures enforceability and justice. This should be in the presence of an attorney.
To find out more about entering into a pre-nuptial agreement, contact our staff at info@prominentlawyers.com.au
The comments in the article are general in nature and should not be relied upon as a substitute for professional advice. Anyone intending to apply the information contained in this newsletter should seek their own professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. This article is issued as a helpful guide to clients and for their private information. Therefore, it should be regarded as confidential and not be made available to any person without our prior approval.

Liability limited by a scheme, approved under the Professional Standards Legislation.