If your injuries have been assessed as a 'Work Related Impairment' of 20% or more, you may be entitled to recover some of your legal costs and disbursements from WorkCover.
WorkCover may be required to pay approximately $20,000 to $50,000 for legal fees and most of the medical report costs if the claim settles before legal proceedings are issued.
If the case proceeds to court, WorkCover may be responsible for paying 20% to 30% of your legal fees, as well as a large portion of the disbursements, based on the appropriate court scale.
If your injuries have been assessed as a 'Work Related Impairment' of less than 20%,and you lose, then you will generally be responsible for paying all of WorkCover’s legal costs and disbursements.
However, if you make a written final offer of settlement at a compulsory conference and the court awards you compensation that is equal to or greater than the offer, it is likely (but not certain) that the court will order WorkCover to pay your legal costs from the date of the written offer.
WorkCover may be responsible for paying 30% to 50% of your total legal bill, based on the appropriate court scale.
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