What is Workers' Compensation Law?
If you’ve been injured and made a claim, you don’t want to spend hours translating legal-speak into plain English just to figure out what your rights are. The rules and regulations regarding claims for Workers’ Compensation are complex and highly prescriptive. Maybe you’ve received an offer and aren’t sure whether it’s fair? We can tell you, and if it’s not fair, we can help you get one that is. Since 1955, we’ve been demystifying that legal-speak so you don’t have to.
Ilberys specialises in helping clients further their claims for compensation because they’ve been hurt. Workers’ cCompensation laws are about providing assistance, compensation and guidance to navigate complex insurance systems so claimants can focus on recovery.
When does workplace compensation law apply?
‘Hurt’ can come in many shapes and forms – whether workplace accident or a public liability issue. Workplace fatalities, illnesses and dangerous incidents are all scenarios where workplace compensation law comes into play.
What can Ilberys do for me?
If you’ve made a Worker’s Compensation claim, our main goal is to help you understand how the system works and explain where to go from there. Having a clear view of the situation allows both you and Ilberys to work together to achieve the compensation you are entitled to. We don’t take shortcuts – we know that comprehension is the key to success.
Find out why Ilberys has been a preferred firm in WA since 1955 – reach out for a free initial consultation here!
Frequently Asked Questions
The law of negligence requires people to, when going about their lives, take reasonable care for the safety of others. This means that a person has rights under the law of negligence if they have been injured or hurt because someone else has not taken reasonable care.
Typically, a person loses their rights under the law of negligence three years after they were hurt or injured in breach of that law. However, this differs depending on the circumstances and in some cases the limit can be extended or shortened.
If you can establish that:
(a) a person owed you a duty of care;
(b) that person breached that duty; and
(c) as a result, you suffered an injury or harm;
then under the law of negligence, you are usually entitled to compensation for that injury or harm. Injury or harm can include a pre-existing condition that has been made worse.
Duties of care are imposed in a variety of situations. For example, drivers of motor vehicles generally owe duties of car to other road users, including cyclists, pedestrians and other drivers.
The requirements of the duty of care and whether or not a person has taken reasonable care will depend on the circumstances.
This all depends upon the circumstances of your claim, including how complex the incident was, how bad the injuries were and how much treatment is required for the injury. While a claim can often be resolved within 18 months of when it was commenced, more serious cases may take longer.
If you have made a claim for workers compensation, your claim will be subject to special legislation which modifies the law of negligence, so different rights and entitlements apply. Your rights and entitlements will differ depending on the scheme that applies to the claim you have made.
Examples of workers compensation schemes include the following:
(a) the Western Australia Workers Compensation scheme, governed by WorkCover and the Workers Compensation And Injury Management Act 1981;
(b) the Commonwealth Workers Compensation scheme, governed by Comcare and the Safety, Rehabilitation and Compensation Act 1988; and
(c) the Seafarer’s Workers Compensation scheme, governed by Seacare and the Seafarers Rehabilitation and Compensation Act 1992.
Each scheme is different, but most usually provide for “no-fault” claims, meaning that to succeed in the claim that you have made, you do not need to demonstrate that your employer failed to take reasonable care or otherwise breached a duty of care owed to you.
It is stressful enough sustaining an injury without having to think about all that is involved when managing your claim. Our experienced work injury lawyers can guide you through the rest of the claims process step-by-step, to ensure the process runs smoothly and efficiently.