If you have suffered a work-related injury, it is important to understand your rights and entitlements, including the possibility of having WorkCover pay your legal fees.
In general, WorkCover is responsible for paying the legal fees of injured workers in certain circumstances, but there are specific criteria that must be met.
This article will provide an overview of when you can make WorkCover pay your legal fees, including the specific circumstances and amounts involved.
Criteria for WorkCover to Pay Your Legal Fees
If you have suffered a work-related injury, you may be entitled to have WorkCover pay your legal fees. However, there are specific criteria that must be met before WorkCover will cover these fees. These criteria include:
- Your injury must be assessed as resulting in a "Work Related Impairment" of 20% or more. This means that you have suffered a significant injury that has impacted your ability to work or carry out daily activities.
- Your injury must be the result of your work, and not a pre-existing condition or injury that was exacerbated by your work.
- Your legal fees must be reasonable and proportionate to the amount of compensation that you are seeking.
If these criteria are met, you may be able to recover some or all of your legal fees from WorkCover.
Amount of Legal Fees Covered by WorkCover
The exact amount of legal fees that will be covered by WorkCover will depend on a number of factors, including the outcome of any legal proceedings and the specific circumstances of your case. However, in general, WorkCover will cover the following legal fees:
- If your claim settles before the issuing of legal proceedings, WorkCover will generally pay approximately $20,000 to $50,000 for legal fees and most of the medical report costs up to and including a compulsory conference.
- If legal proceedings are issued, WorkCover will generally pay costs on the appropriate court scale, which are generally between 20% and 30% of your legal fees, together with a large part of the disbursements.
It is important to note that these amounts are only a general guide, and the actual amounts that will be covered by WorkCover may vary depending on the specific circumstances of your case.
How to Make WorkCover Pay Your Legal Fees
If you believe that you may be entitled to have WorkCover pay your legal fees, the first step is to speak with a lawyer who specializes in workers' compensation claims.
Workers Rights Legal Service is one such law firm that can provide advice and representation in these cases. They have extensive experience in representing injured workers and helping them to secure the compensation and benefits that they are entitled to.
Once you have engaged Workers Rights Legal Service, they will be responsible for making a claim to WorkCover on your behalf. This will involve submitting evidence and documentation to support your claim, including medical reports, witness statements, and details of your injury and how it has impacted your ability to work.
After reviewing your claim, WorkCover will make a determination as to whether they will cover your legal fees. If they agree to do so, they will provide you and Workers Rights Legal Service with details of the amount that will be covered and any other requirements or conditions that you need to meet.
As former US president Barack Obama once said,
"The future rewards those who press on. I don't have time to feel sorry for myself. I don't have time to complain. I'm going to press on."
This quote is particularly relevant when it comes to workers' compensation claims, as it highlights the importance of perseverance and determination in the face of adversity.
If you have suffered a work-related injury, it is important to stay focused and determined to achieve a fair and just outcome, including the possibility of having WorkCover pay your legal fees.
With the support and advice of Workers Rights Legal Service, you can navigate the complex process of making a claim and ensure that your rights are protected every step of the way.
In conclusion, if you have been injured at work and are seeking compensation, you may be entitled to have WorkCover pay your legal fees.
To determine your eligibility, it is important to speak with a lawyer who specializes in workers' compensation claims.
Workers Rights Legal Service is a leading law firm that can provide expert advice and representation in these cases. With their help, you can navigate the complex process of making a claim and ensure that you receive the compensation and benefits that you are entitled to.
Remember, as Barack Obama once said, "The future rewards those who press on." With determination, perseverance, and the right legal representation, you can achieve a fair and just outcome.
