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FAQ

Here you can find any possible answers to your questions

Will I have to pay to meet with you?

No, we offer an initial free, no obligation consultation.

How do you charge?

We operate on a no win no fee.

How much will my claim be worth?  

Many clients what to know the amount of claim they will be able to receive but it’s very unlikely a lawyer will be able to provide that figure at the initial consult as the value of your claim is going to be largely dictated by medical evidence yet to be obtained. In order to finalise a claim a medical assessment must be made once your condition has stabilised.

Will my case go to court?

The majority of cases settle before trial.  In fact, most cases settle either before legal proceedings are commenced, or at pre-trial conference.

When is the right time to settle my claim?

It is recommended that your claim is settled when your medical condition has stabilised and an assessment of your impairment or disability, your work capacity and future treatment needs has been made.  This could be at least 12 months from the date you suffered your injury. You should have all medical and other evidence available prior to settling your claim and you should seek legal advice from a specialist personal injury lawyer to help you maximise your financial entitlement.

Can I get fired for filing a workers’ compensation claim?

Your employer cannot fire you merely because of your workers’ compensation claim. By law, an employer is required to keep your job open for 12 months (from the day you become entitled to receive weekly payments of compensation) or provide alternative employment if it is reasonable.

What is a common law claim?

A common law claim is a claim you make against your employer for causing your injury, due to negligence. They may be required to pay you compensation for your injury and resulting loss. A common law claim is commenced in the District Court of Western Australia.

What is a Schedule 2 Lump Sum?

If you have a workers compensation claim, you are entitled to a lump sum for the percentage impairment you have suffered as a result of the injury you suffered. The amount is calculated by reference to the Schedule 2 attached to the Workers Compensation and Injury Management Act 1981.

Lump sum redemption

If you have a workers compensation claim, and you are in receipt of weekly compensation payments, you are likely to be entitled to redeem your weekly compensation payments. This means that you can receive your future payments as a lump sum. This may also apply to medical and vocational rehabilitation expenses.

For common legal terms explained click here.

Children under 15

In Western Australia, if a child under the age of 15 is injured and pursues a claim, then they have a maximum of 6 years in which to claim.