6/2 Carson Road,
Malaga, WA 6090
Injury Compensation Claims in Western Australia
Strict time limits apply to most type of injury compensation claims. Typical types of personal injury claims in WA may include but not limited to the following circumstances.
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Best Compensation Lawyers – What to Expect?
What do compensation lawyers do?
Compensation lawyers, or compensation law firms are specialists in compensation law. In Australia, compensation lawyers are often referred to injury compensation lawyers. Injury compensation lawyers are personal injury lawyers who help injured people to recover compensation payment from insurance companies, or at fault parties. The most common type of personal injury claims are:
- Workers compensation claims
- Motor Accident Claims
- Public Liability Claims
- Criminal Injury Claims
- Medical Negligence Claims
- Serious Injuries and Fatal Injury Claims.
Foyle Legal is rated as one of the best compensation lawyers in Perth since 2016. If you have made a personal injury compensation claim, contact Foyle Legal for your obligation free claim review.
How does a compensation lawyer help me with my injury compensation claim?
A good compensation lawyer can help you in many ways to ensure you receive fair compensation payments and settlement for your injury compensation claim.
Top reasons compensation payments are reduced or rejected in are injury compensation claim are:
- client not receiving quality legal advice
- claim is not supported by good evidence
- claim is not managed efficiently
Foyle Legal is here to ensure that you receive quality advice and support your claim with quality evidence. It is important for injured people to come to us early to reduce mistakes and wastage of time. Some injured people started out managing their injury compensation by themselves, and later found out that it’s not as straight forward as they thought. By then, they were stressed, exhausted, and some just wanted to settle and get over with the claim before it reached stabilization point. Some of our Foyle Legal clients came to us when mistakes were made. Although some mistakes can be reversed, but many mistakes can be catastrophic to their over all compensation.
Foyle Legal compensation lawyers have extensive experience in injury compensation claim in WA. If you have made a injury compensation claim, call us for obligation free consultation.
Remember – act early before any irreversible mistakes.
Compensation Lawyers and Workers Compensation Lawyers – Are they the same?
In Australia, compensation lawyers often referred to injury compensation lawyers (i.e, personal injury lawyers). Compensation law covers a range of areas of the law, including workers compensation. Workers compensation lawyers are compensation lawyers who specialises in workplace injury compensation.
It is important to note that an injured person may be entitled to multiple injury claims. For example a person who is injured in a car accident at work will have a motor vehicle accident injury claim and a workers compensation claim. It is important to consult an injury compensation lawyer early to understand your rights and entitlements.
How much do compensation lawyers charge?
Different compensation law firm may have different fee structures. Some charge upfront legal fees and some don’t. No Win No Fee compensation lawyers are common in WA, however, not all no win no fee agreements are the same. Some No Win No Fee agreements are hundreds of pages with many exclusions.
Your No Win No Fee agreement with Foyle Legal is simple, transparent, and straight forward. There will be No Hidden Costs, No Catch!
Will a compensation lawyer take all my compensation payment?
The amount your compensation lawyer charge will dependent on the cost agreement you signed with the compensation law firm. If you are concerned with your compensation lawyer fees, please discuss with your lawyer directly.
At Foyle Legal, most of your legal fees are usually paid by the insurer at settlement of your injury compensation claim. The out-of-pocket legal fee is usually relatively low compared to your compensation payments.
Do I need a compensation lawyer for workers compensation claim?
You don’t need a workers compensation lawyer for your workcover claim. But you are most likely to get better outcome if you are legally represented by a good workers compensation lawyer. The law in workers compensation in Western Australia is complex, a good workers compensation lawyer will make the process faster and less stressful.
In addition, it is not uncommon that an injured worker may be entitled to different type of compensation payments. For example, if you suffered a serious car accident at work, you may be entitled to workers compensation, motor vehicle accident compensation, and TPD benefits. The benefit of a good compensation lawyer is that they can consider all possible claims together, and act accordance to your best interest.
Do I need a compensation lawyer for motor accident claim?
You don’t need a compensation lawyer for your motor accident injury claim. Similar to other negligence related personal injury claims, you are likely to get better outcome and less stressful if your are legally representative by a good compensation lawyer. This is is because:
- you receive better legal advice
- you are likely to have more supportive evidence
- your claim is better managed
Additionally, if you work with a No Win No Pay Compensation Lawyer like Foyle Legal, you will have minimal concerns about the legal fees.
Do I need a compensation lawyer for public liability claims?
A good compensation lawyer will make your public liability claim much easier. The starting point of a public liability claim to determine what are the at fault parties and then to show that those parties are negligent. For many public liability claims, it can be tricky because the circumstances of the injury may involve several parties, and some parties are not immediately visible at the early stage of your injury compensation claim. If you have a good compensation lawyer on your side, they will hep to determine the correct parties in the litigation and handle all the process for you as the injured person.
Do I need a compensation lawyer for criminal injury compensation claim?
Criminal Injury Compensation Claims in WA is capped at $75,000 (c. 2019). It currently takes around 18 months to assess the claim from the time your application is submitted. Because of the long processing time and the limited compensation payment that is available, it is important that victims of crime must prepare their criminal injury compensation application carefully and professionally. If it is not properly prepared, you are likely to get your claim rejected or compensation reduced. Appealing the decision of a criminal injury compensation assessor is possible, however, there is added time, stress and costs associated to it. In many cases, the cost of appealing the decision may outweigh the outcome.
A good compensation lawyer like Foyle Legal, who has extensive experience in criminal injury compensation bring in the expertise and manage the criminal injury compensation claims professionally. This increases your chance of getting the best compensation first time round.
Why should I trust Foyle Legal Compensation Lawyers?
Foyle Legal has been helping injured people in Western Australia to get a fair compensation for their injuries. We are trusted by clients and respected by peers. Check out what we have done for our clients, and we are ready to do the same for you – getting the compensation you deserve, and make the injury compensation process as stress free as possible.
Injury Compensation Claim Process in WA – The Basics
When should I submit my personal injury compensation claim?
In most cases, you should submit your compensation claim straight away. There are statutory limits for the filing of claims for some injuries including motor vehicle injury claims and workers compensation claims. With all claims, if you do not notify the other side straight away, they may allege that your injury was caused by another cause. The other side may also claim they are prejudiced in not being able to investigate into the incident and not being able to have you medically reviewed.
Injury Compensation Claim Steps - Workcover Workers Compensation Claims
The process of work injury compensation claim can be divided into 2 categories.
No fault workers compensation claims
For all no fault workers compensation claims, the common steps are:
- make a workers compensation claim by submitting a first certificate of capacity and a workers compensation claim form
- undergo medical reviews and medico legal assessments by approved AMS specialists
- negotiation and settlement of the claim
Disputes often arise during the Workcover process. For no fault workers compensation claims, disputes are often resolved by Conciliation Conferences and Arbitration Conference. These conferences take place at WorkCover.
Workers compensation common law claim
If the injured worker has elected for workers compensation common law. The process for common law compensation is very similar to other civil negligence district court matters. When you commence common law proceedings, you are effectively suing your employer for your workplace injury. It is very important that your workers compensation common law claim is handled by a good compensation lawyer.
This video provides useful information on what to expect from your workers compensation claim and information about settling your workers compensation claim.
Time Limits in Injury Compensation Claims - WorkCover Workers Compensation Claims
All workers compensation claims started by the completion of a workers compensation claim form and a first certificate of capacity. This video talks more about time limits in workers compensation claim.
Time limit in making a workers compensation claim
Section 178 of the Workers Compensation and Injury Management Act 1981 s
(1) Proceedings for the recovery under this Act of compensation for an injury are not maintainable unless —
(a) a notice of the occurrence of the injury has been given under section 179 in writing containing substantially the information required by subsection (2) as soon as practicable after the occurrence; and
(b) the claim for compensation with respect to such injury has been made within 12 months from the occurrence of the injury or, in case of death, within 12 months from the time of death.
Exceptions do apply and you should seek legal advice to see whether these exceptions apply to you. It is important to submit the claim as soon as possible, otherwise your workers compensation claim may be prejudiced.
Termination day for an election to retain the right to seek damages in respect of that injury is the last day of the period of one year after the day on which the claim for compensation by way of weekly payments is made. This is generally one year after the workers compensation claim form is provided to the employer.
If the Notice Of Acceptance of Liability is issued more than 3 months after the workers compensation claim is made or liability is determined more than 3 months after the workers compensation claim is made, the termination date is often 9 months from the date of acceptance or the determination.
The Limitations Act 2005 also applies to common law proceedings. In most cases an action for damages relating to a personal injury to a person cannot be commenced if 3 years have elapsed since the cause of action accrued.
Injury Compensation Claim Steps - Other Negligence Related Injury Compensation
The personal injury legal process is different depending on what kind of claim you have. If you are making a workers’ compensation claim then special rules apply, which are explained in the Foyle Legal Workers Compensation FAQ page. Motor vehicle Injury claims, public liability claims and other district court matters, the procedure can be divided into the following steps:
- Making the claim
- Notify other side of your claim
- Collecting supporting evidence for your injury compensation claim
- Negotiating settlement for your injury compensation
- Proceed to trial / going to court to settle your injury compensation claim.
Please note that most injury compensation claims are settled prior to going to court.
Time limits in Injury Compensation Claims - Other Negligence Related Injury Compensation
Limitation date is one of the most important time limit for district court matters. This is the date that you must commence legal proceeding. Generally, limitation date is 3 years from the date of accident. Section 14 of the Limitation Act 2005 states that relevently:
An action for damages relating to a personal injury to a person cannot be commenced if 3 years have elapsed since the cause of action accrued.
When can you sue your employer for your injury?
If you can prove that your injury is caused by the negligence of your employer, and you have a whole person impairment (WPI) over 15%. You can elect to sue your employer before the termination day.
In this video, Foyle Legal explains how to get a whole person impairment.
Disputed Workers Compensation Stress Claims - What to do?
Workers compensation stress claims are often disputed or pended by insurer. If the insurer has rejected or pended your claim, it’s not the end of road. This article talks more about disputed workers compensation stress claim.
If your compensation claim is delayed, denied, or disputed by the insurer. Call Foyle Legal for your obligation free claim review.
Do I need to go to court to settle my injury compensation claim?
It is worth noting that the vast majority of cases settle in negotiation, but in some cases the parties are just so far apart that the matter proceeds to a trial. At trial you will give generally give evidence about how your injury happened, what injuries you have suffered, the effect of the accident on your work, whether other people have helped you and your medical needs. Your doctors and people who witnessed the accident may also have to give evidence. After the other side has presented their case the judge will usually reserve their decision for a period of time, following which a judgment will be given.
Injury Compensation Settlement – Need to Know!
How Much Injury Compensation do I Get?
The amount you will receive vary depends on the type of injury compensation claim and your circumstances of injury. A simple calculator does not accurately provide compensation payments estimate.
- For criminal injuries compensation the maximum compensation payout is $75,000.
- For workers compensation there are a lot of limits as we have set out in our workers compensation page and workers comp FAQ page.
- For motor vehicle accidents and public liability cases there are effectively no upward limits.
The amount of injury compensation that you can get largely depends on the existence of third party evidence such as medical reports and documentation showing that you suffered a loss of earnings such as letters from your employer and your taxation returns.
Medico Legal Assessments and compensation settlement
Medico legal assessments play an important role in determining your compensation settlement amount. The reports provide an opinion as to your current level of disability, ability to work and need for future treatment. The reports form part of the factual matrix of proving that an injured person has suffered loss in terms of your future economic losses, future expenses, and pain and suffering.
When an insurer organises a medico legal assessment for injured people. It is important to attend the assessment. This article talks more about how to handle medico legal assessments.
Surveillance Evidence and Injury Compensation Settlement
It’s not uncommon for an insurance company to send private investigators to take surveillance evidence during your compensation claim. This can happen at anytime of a injury compensation claim, and they are entitled to do so as long as the investigator follows proper rules and procedures.
The surveillance evidence can be used on a range of purpose, the main purpose is “fact-check” your stated injury and the extent of your injury. It is important that injured people are aware of it, and take active steps to prevent damaging surveillance evidence for your injury compensation claim.
Social Media and Injury Compensation Claim
Private investigators often conduct surveillance online. An active social media presence may work against your injury compensation claim. Many compensation lawyers are warning clients against social media usage during an active injury compensation claim.
Travel expenses when you are on workers comp
Injured workers are entitled to claim reasonable travel expenses for treatment, hospitals and referred appointments while on workers comp. Injured workers may also claim travel allowance for rehab, or participating return to work program. This article explains more about workers compensation travel claims in WA.
REJECTED or PENDED Injury Compensation Claim
If you claim rejected or pended, it’s not the end of the process.
This often simply means the insurer doesn’t have sufficient supporting evidence to accept your claim. If your claim is rejected or pended, contact Foyle Legal for your obligation free claim review.
Discontinuance of workers compensation weekly payments
If your workers compensation weekly payments are discontinued or reduced, you can go through workcover to get your payment reinstated. This article talks amount about Unlawful Discontinuance of Workers Compensation Weekly Payments.
Liability is Accepted - Medical Expenses Only
Some workers compensation insurers may issue a Notice that Liability is Accepted (Form 3A) but stated that this is for medical expenses only. Please be mindful when you receive this notice that the insurer may be liable to pay you weekly payments of compensation. This article talks more about liability is accepted for medical expense only.
If you received a Notice that Liability is Accepted and for medical expenses only, contact Foyle Legal for your obligation free claim review.
Foyle Legal Provides Legal Services to all of WA
What suburbs in Perth does Foyle Legal provide legal representation to?
Looking for a good personal injury and workers compensation lawyers in Perth? Foyle Legal provides legal service to all qualified personal injury claims in all suburbs of Perth.
It includes but not limited to north of the river, south of the river, Perth city areas, eastern suburbs, western suburbs and Fremantle areas.
North of the river – Northern Suburbs
Ballajura, Bassendean, Bayswater, Beechboro, Carine, Carramar, Clarkson, Connolly, Currambine, Dianella, Doubleview, Duncraig, Eden Hill, Edgewater, Embleton, Glendalough, Greenwood, Gwelup, Heathridge, Hillarys, Inglewood, Innaloo, Joondalup, Kallaroo, Karrinyup, Kingsley, Landsdale, Maida Vale, Malaga, Marangaroo, Mindarie, Mindarie Keys, Morley, Mullaloo, Munster, North Beach, Osborne Park, Padbury, Scarborough, Shenton Park, Sorrento, Trigg, Tuart Hill, Wanneroo, Warwick, Waterman, Wembley Downs, Woodlands, Woodvale, Yanchep.
Ascot, Belmont, Carlisle, Kewdale, Newburn, Redcliffe, Rivervale.
Perth Inner City
Burswood, Perth CBD, Northbridge, East Perth, Highgate, Leederville, Maylands, Mount Hawthorn, Mount Lawley, North Perth, South Perth, Subiaco, Victoria Park, West Leederville, West Perth, CBD, Kings Park, Northbridge, Perth.
East Fremantle, Fremantle, Hamilton Hill, North Fremantle, O’Connor, South Fremantle.
South of the River – Southern Suburbs
Alfred Cove, Applecross, Ardross, Attadale, Bateman, Beaconsfield, Beeliar, Bentley, Bibra Lake, Bicton, Booragoon, Bullcreek, Canning Bridge, Canning Vale, Cannington, Casuarina, Cockburn, Como, Coogee, East Victoria Park, Forrestdale, Gosnells, Jandakot, Karawara, Kelmscott, Kwinana, Melville, Mount Pleasant, Palmyra, Shelley, Spearwood, Success, Wattle Grove, Welshpool, Willetton, Wilson, Winthrop.
Churchlands, City Beach, Claremont, Cottesloe, Crawley, Daglish, Dalkeith, Floreat, Mosman Park, Mount Claremont, Nedlands, Swanbourne, Wembley.
Does Foyle Legal provide Legal Representation to surrounding areas of Perth?
Yes, Foyle Legal extends legal presentation to surrounding areas of Perth. This include but limited to Avon Valley, North Coast & Valleys, Peel areas, Perth Hills, Rottnest Island, and Swan Valley.
Avon Valley – New Norcia – Northam – Other Avon Valley Areas – Toodyay – York – Clackline – Wooroloo
North Coast & Valleys
Bindoon – Chittering – Gingin – Guilderton – Lancelin – Ledge Point – Lower Chittering – Moore River – Neeragabby – Upper Chittering – Wanerie – Woodridge
Mandurah – Peel Coast – Peel Inland – Baldivis – Barragup – Boddington – Dawesville – Dwellingup- Falcon – Greenfields – Halls Head – Karnup – Mandurah – Mandurah East – Meadow Springs – Pinjarra – Port Kennedy – Quindanning – Ravenswood – Rockingham – Rockingham Beach – Safety Bay – Secret Harbour – Serpentine – Shoalwater – South Yunderup – Wannanup – Waroona- West Pinjarra
Armadale Area – Bickley – Carmel Wine Region – Kalamunda Area – Mundaring Area – Other Perth Hills Areas – Serpentine – Jarrahdale Area – Armadale – Bedfordale – Bickley – Byford – Carmel – Chidlow – Darling Downs – Darlington – Forrestfield – Gidgegannup – Glen Forrest – Gooseberry Hill – Greenmount – High Wycombe – Hovea – Jarrahdale – Kalamunda – Karragullen – Lesmurdie – Mount Helena – Mundaring – Mundijong – Orange Grove – Parkerville – Paulls Valley – Pickering Brook – Roleystone – Stoneville – Wungong
Baskerville – Belhus – Bellevue – Brigadoon – Bullsbrook – Caversham – Ellenbrook – Guildford – Hazelmere – Henley Brook – Herne Hill – Middle Swan – Midland – Midvale – Millendon – South Guildford – Swan Valley – The Vines – Upper Swan – Viveash – West Midland – West Swan – Whiteman
I would recommend Foyle Legal to anyone I know who suffers a work injury.