Who Pays for a Workers Compensation Claim?

Workplace injuries can have significant and lasting effect on the quality of life of those injured including ongoing pain and limitations, loss of income and costs of medical treatment. Family and friends may also be affected as they may have to care for the injured and accept a loved one who has changed.

A worker who has been injured at work may wish to make a workers compensation claim to help ease a difficult time.

 An application for workers compensation, including the costs of medical treatment, may be denied for a variety of reasons including but not limited to: 

• The worker did not suffer an injury or was not injured as alleged;
• the worker’s employment was not a substantial contributing factor to the injury; or
• the worker does not suffer from permanent impairment as a result of the injury

The denial of an application for workers compensation adds additional stress to an already stressful time. The complexities of workers’ compensation legislation can limit their ability to appeal the decision themselves.

It is therefore wise for a worker seeking to make a workers compensation claim to seek legal advice. There may be some apprehension in doing so owing to the perceived costs of legal advice.

Under current legislation, the WorkCover Independent Review Office (WIRO) exists to fund the legal costs for workers who engage a lawyer where the case has reasonable prospects of success. WIRO funding not only covers all legal fees but also a range of other associated costs for making a claim including for example medico-legal appointments and the copying of medical documents. This system helps reduce the stress associated with making a workers compensation claim and allows workers, regardless of means, to get legal advice.

WIRO funding can also be sought for the dependents or beneficiaries of an estate for a worker who has been killed at work. The dependents or beneficiaries of the deceased estate may apply for WIRO funding to make a workers compensation claim on behalf of the deceased.

WIRO funding is not currently available for certain current or former employees including NSW Police Officers and miners.

WIRO funding can only be granted to WIRO approved lawyers. Approved Legal Service Providers are those that have been deemed as competent in the area of workers compensation.

Our personal injury solicitors are all approved by WIRO and can make applications and receive grants for legal assistance to investigate your workers compensation claim.

If you have been injured at work and want to investigate an application for workers compensation, or if you have a dispute with your worker’s compensation insurer, call Kells on 02 4221 9311.