The document discusses when a worker should engage a lawyer for a workers compensation claim. It states that while people are often hesitant to get a lawyer due to costs and other fears, it is best to consult one if considering it. Workers compensation claims can become complex over time as minor injuries sometimes develop into more serious conditions. Seeing a lawyer early allows them to properly manage the claim and ensure all evidence is obtained to maximize entitlement to compensation.

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How Do I Know If I need To Engage A
Lawyer For My Workers Compensation
Claim?

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As a general rule, most
people are hesitant about
going to see a lawyer for
various reasons. The main
concerns are cost, fear of
reprisal from the employer
and uncertainty about who
to see.

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The way I see it, is if
you are engaging in
the mental ping pong
about whether or not
to see a lawyer about
your workers
compensation claim, it
is probably time that
you do.

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Ideally, to properly
manage your claim
and ensure that all of
the required medical
and other evidence is
being obtained, as
soon as practicable
after the injury,

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or making a claim is
the most beneficial
time to engage a
lawyer. This will
ensure that the ‘i’ s
will be dotted at the ’t’
s crossed from the
outset.

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Workers’
compensation claim
can be complex and
what at the outset may
seem like an
insignificant claim over
time evolve into a more
significant claim.

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.
In my experience I
have witnessed many
occasions where
insignificant injuries
have developed into
more significant
injuries.

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For example, a minor
hand injury into a much
more complex condition of
complex regional pain
syndrome or a lower back
injury which over time
displays symptoms of
sciatica or neuropathy
and requires surgery.

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Another common condition
which can develop is a
primary of secondary
psychological/psychiatric
condition.

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Some people do not
understand or even
recognise that they are
suffering from these
conditions and do not
know that they should
speak to their doctor about
that they are experiencing.

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A good personal injury lawyer
advise their client that these
emotions and symptoms are
often experienced by people
who have suffered trauma or
have a chronic condition and
should direct them to their
health professional who will
make the appropriate referral
for treatment.

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The lawyer’s job is then to
obtain the evidence in
support of the causal
connection between the
physical injury and the
development of the
psychological condition and
ensue that the insurer funds
the required treatment.

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The development of
these conditions may
change the direction
of the claim and it is
very important that
time limits and key
dates be recognised
and adhered to.

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For example, if a
Termination Date is not
extended and the condition
develops into a more
significant one which
reaches the statutory whole
person impairment threshold
of 15%, a common law claim
against the employer is lost.

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For the injured person,
this means certain
workers compensation
claim entitlements are
lost and not able to be
recovered.

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This is crucial for those
workers who are
significantly injured and
are not able to return to
their pre-injury
employment, and are
seeking compensation for
loss of future income.

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Personal injury lawyers
have a very important role
for injured workers. A good
personal injury lawyer will
ensure that all statutory
time limits are identified
and adhered to, advise the
client about the claims
process,

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the rehabilitation process,
the options within the
system, assist with dispute
resolution, …oh and not to
forget… providing support
and direction during a very
emotional time for the
client…

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all with a view to
maximising client’s
financial workers
compensation claim
entitlement.