Receive trustworthy advice on injury compensation claims for fly-in-fly-out workers in the mining, oil & gas, and construction industries in Western Australia. We are your local FIFO injury compensation lawyers in Perth – No Win No Fee!
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Fly in fly out workers are exposed to heavy machinery, excessive work demands (emotional, mental, and physical) and social isolation. If you are injured at work, big mining, construction, and oil and gas companies often defence against injured FIFO workers rigorously. Foyle Legal can help FIFO workers to claim injury compensation on a No Win, No Fee basis.
FIFO work is often very physical, and many workers will never return to their pre-injury employment, which often results in significant loss of earnings. Foyle Legal uses our experience in FIFO claims to help you know what to expect and to explain what to do to get the best outcome in your case.
The most common work injury claims for WA’s fly-in-fly-out mining, oil and gas workers and construction workers are:
If you are a fly in fly out worker and injured at work in Western Australia. Contact Foyle Legal, workers compensation lawyers in Perth, for your obligation free claim review. We will help you to act with confidence at every step of the process:
No Win, No Fee means we don’t charge you legal fees unless we get you compensation.
Or Call 0408 727 343
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FIFO workers often earn higher income. Many FIFO workers claim workers compensation benefit often reach the maximum workers compensation compensation amount (Prescribed Amount) in the first 90 weeks or so of the workers compensation claim. If you are a FIFO worker and earn high pre-injury income, it is very important that your case is expertly managed so that you are not running out of the workers compensation payment too early on.
No-Fault Workers Compensation Claim
All qualified fly-in-fly-out workers who are injured at work or on the way to work, are entitled to the statutory workers compensation claim in Western Australia though the law surrounding so called ‘journey claims’ can be complicated. The statutory workers compensation claim is often referred to as a no-fault workers compensation claim. This is because injured workers do not prove their employer is negligent in causing their injury.
Common Law Claim
If your injury is severe enough and resulted in a permanent impairment rating (WPI) of 15% or more, you may be entitled to common law claim as long as you can prove that your injury is caused by negligence of your employer.
If you are unsure if you have a qualified workers compensation claim, or would like to find out best way to optimise your compensation payment, contact Foyle Legal for your obligation free claim check.
Or Call 0408 727 343
Fly-In-Fly-Out workers are more vulnerable to:
Many FIFO workers who made a psychological injury claim for work-related mental health issue, often found their workers compensation stress claims being pended or rejected due to lack of evidence. Do not worry, this is not the end of the road. Foyle Legal can help!
We help fly-in-fly-out mining, oil and gas, and construction workers to collect evidence, succeed in conciliation and arbitration in Workcover. We also represent FIFO workers in common law to commence legal proceeding against the negligent employer.
Large mining companies, oil & gas companies, and construction companies often have teams of lawyers to fight against your workers compensation claim. If you are not equipped with the right knowledge and right experience, you maybe disadvantaged at the starting line.
FIFO workers often reach the maximium payment for perspective injuries (Prescribed Amount) quickly than other type of injured workers due to higher pre-injury income. It is important for FIFO workers to understand their rights and claim all they deserve.
A specialist FIFO workplace injury lawyer in Perth can help you to get better outcome for your workplace accident claims. The benefit of having an experienced personal injury lawyer who is specialised in fly-in-fly-out workers compensation claims are:
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What type of FIFO workers are covered by workers compensation benefits?
Workers compensation in WA covers all employees, part-time workers, full-time workers, apprentice, temporary workers, and casual workers (though a small minority of workers may be within a different scheme). If you are contracted through a contracting company, you may also be entitled to claim workers compensation against your contracting agency. If you are unsure what benefits you are entitled to claim, please contact Foyle Legal. We are rated as one of the best personal injury lawyers in Perth specialises in workers compensation.
482 and 457 visa holders – Can I claim workers compensation if I am not a permanent resident?
If you are not Australia citizen or permanent resident but hold a valid work visa, you are generally entitled to workers compensation like other fly-in-fly-out workers. Even if your work visa has ran out, you may still entitled to fly in fly out workers compensation if you are injured at work in WA, and meet the definition of worker.
The workers compensation legislation has provisions allowing an illegal contract of employment to be treated as a legal contract of employment.
How long do I have to make a fly-in-fly-out workers compensation claim?
The time limit for making a fly-in-fly-out workers compensation claim is the same as other workers compensation claim. This is generally within 12 months following the injury but it is recommended the claim be made as soon as possible. Please see Section 178 of the Workers Compensation and Injury Management Act 1981 for more detail.
It is important to realise that delays in making a workers compensation claim can result in the insurance company and employer arguing that they are prejudiced be late notice of the workers compensation claim.
You cannot pursuit any common law proceeding after limitation date which is 3 years from the date of accident (three years minus one day).
Many mining companies, contraction companies or oil and gas companies supply injured workers with a workers compensation claim form immediately after the accident.
If you have decided to claim workers compensation benefits, it is the most beneficiary to you if you make the claim as soon as practicable. If you do not make a claim as soon as practicable, insurance company often alleged that your accident is not work related, and thus, reject your workers compensation claim.
How much workers compensation payment can I claim?
All injured workers, including Fly-In-Fly-Out workers can only claim up to the prescribed amount. The prescribed amount is the maximum compensation payment you are entitled to claim for your specific type of injuries. Your whole person Impairment Rating (WPI) plays an important part on the maximum compensation payment amount you can receive. For the 2020/2021 financial year, the maximum payment amounts are:
If you are a fly in fly out worker and made a workers compensation claim. Contact Foyle Legal for your obligation free consultation. We won FIFO workers compensation cases. We can do the same for you!
What compensation and benefits do a fly-in-fly-out workers compensation claim cover?
If you have an accepted workers compensation claim in WA. You are generally entitled to claim:
What types of fly-in-fly-out workers have you helped before?
Foyle Legal has helped many fly-in-fly-out workers in WA. Our clients include but limited to:
Will I lose my job if I made a workers compensation claim?
The law is that any workers, including FIFO workers should not be discriminated because they have made a workers compensation claim.
In reality, we found FIFO workers often earn higher income due to higher demand from work. After a work accident, it is very common that the injured worker may have limited ability to do the same job before the injury. As a result, they are either re-assigned to a different role, or make redundant from the role.
Foyle Legal can help you to get the most out of your situation, whatever it is.
How do No Win No Fee lawyers work?
Different no win no fee lawyers have different cost agreements. At Foyle Legal, No Win No Fee means we don’t charge you legal costs unless we get a settlement payout for you.
What percentage do no win no fee lawyers take?
Foyle Legal do not take percentage fee or contingency fees from your settlement money. We charge based on the work we done for you on your personal injury claim. Once we reach a successful settlement for your personal injury claim, insurance company often cover the most of your legal fee. Your out of pocket legal fee is often small.
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