TOTAL AND PERMANENT DISABILITY CLAIMS

WORKERS COMPENSATION CLAIMS

“Have you been injured at work and the insurance company is refusing to help?  It’s often the case that insurers decline to pay for things like medical expenses and even weekly wages, leaving the injured person with little or no help.   We cut through the red tape and fight hard to force the insurers to do what they should have done from the start – to pay you the things you’re entitled to!”

– Jimmy Dufour, Senior Lawyer

If you have been injured at work, it is likely you are entitled to compensation. This includes people that are physically injured, and even those that have been subject to bullying, harassment, and mistreatment.

It is usually the case that many workers are unsure of their rights, which leaves them in limbo as their employer and insurer exploit the situation making people feel like there is no help.

Luckily, our team of skilled specialists will work to give you the right advice and ensure you receive the maximum benefit in relation to your claim and what you may be entitled to.

If you have sustained an injury, you may be entitled to compensation for the following:

Weekly payments

When you are off work because of an injury, you are entitled to receive weekly payments of up to 95% of your pre-injury earnings. Under the new legislation that was implemented in 2012, an injured person can receive weekly entitlements for up to 2.5 years and for serious injuries, up to 5 years or until retirement age.

The amount and duration that one can receive weekly benefits for depends on a number of things including how serious your injury is, and whether you have any capacity to work. (Read more)

Medical treatment

After suffering an injury, the workers compensation insurer is responsible to pay for all of your reasonably necessary medical treatment. This includes radiological scans, GP and specialist appointments, physiotherapy, hydrotherapy, surgeries, and medications. You are also entitled to claim the cost of your travelling expenses in attending medical and rehabilitative treatment.

So that you are not out of pocket and paying for treatment yourself, the new laws require you to have all medical treatment requests sent to the insurer before undertaking it. (Read more)

Lump sum compensation for permanent impairment

As a result of your injury at work you may be left with permanent disabilities and not able to do the things you used to do. Should you be left with ongoing impairment, we are able to investigate the possibility of making a claim for lump sum compensation, and in some limited circumstances, also for pain and suffering. (Read More)

Negligence

If you have suffered a serious injury at work you may be able to sue your employer under the common law for negligence.

This is possible if your injury has been caused or made worse by the actions of your employers or co-workers, an unsafe workplace or system of work, and even faulty machinery and tools.

In order to sue for damages, you must be assessed as having at least 15% whole person impairment and must do so within the strict time frames of the legislation. (Read More)

Costs

As a result of the new legislative scheme, injured workers are now responsible to pay for their own legal fees when fighting for their entitlements they rightfully deserve.

Notwithstanding this, our team of specialists will seek to secure legal funding to cover 100% of the costs associated with running your case. We dedicate ourselves in obtaining a successful result at no costs to our clients.

We offer ‘No Win, No Fee’ and fixed fee costing arrangements. For more about our Cost promise, click here.

What can you expect from Schofield King Lawyers?

If you need advice on how to make a claim or pursing the entitlements you are rightfully owed, our team is here to help you from the start.

One of our senior lawyers will walk you through and assist you with the initial claims process, and do everything necessary to secure your entitlements if the insurer declines to pay you wages or for your medical treatment.

If you or someone you know has been injury at work, please contact us for a no obligation consultation.

Let us do our best to make insurance pay.

CASE STUDY

By way of example, Mr Jones was 34 years of age. He left school at the end of year 10 and qualified as a roof plumber. He worked as a roof plumber until 2002, when he injured his back. After medical treatment he was able to go back to roof plumbing but he still had problems with his back from time to time. In 2011, he injured his back again and this time he couldn’t return to work as a roof plumber.

At the time he stopped work all of Mr Jones’s work experience had been in manual labour.

Mr Jones made a claim for $100,000 in TPD insurance under his superannuation fund.

The insurer declined his claim and said that Mr Jones could work (without retraining) as a:

  • Retail Sales Assistant (Hardware)
  • Courier/Delivery Driver;
  • Console Operator; or
  • Customer Service Advisor/Telemarketer.

Mr Jones had to take his case to Court. The Judge found that as Mr Jones’s education, training and experience was in manual labour he was not suited to the jobs identified by the insurer. The Judge ordered the insurer to pay Mr Jones the $100,000, plus interest, and pay his legal costs.

Although Mr Jones’s case needed to go to court, it is often the case that a TPD claim will be paid out quickly – without the need for Court proceedings.

Let us find out if you’re covered. We frequently find policies of insurance that people have been completely unaware of. It may also be the case that you have multiple policies through different superannuation accounts. TPD insurance can be claimed in addition to a Workers Compensation payment, Motor Accident compensation and other kinds of compensation.

By engaging Schofield King Lawyers, you are often able to get your claim paid out quickly, and often without a fight from the insurer. However, the fact is that insurance companies reject many of the claims that they should be paying. That’s why we’re here: to help you get what’s yours — to make insurance pay.

We offer ‘No Win, No Fee’ and fixed fee costing arrangements. For more about our Cost promise, click here.

If you feel you may have a TPD claim, or you just want to make sure you’re not missing out on something you may be entitled to, please contact us for a no obligation consultation. Alternatively, begin the process now by using our virtual lawyer questionnaire (coming soon) to begin a case assessment. This can be done in under 2 minutes.

What can you expect from Schofield King Lawyers?

To get the ball rolling, we can perform all investigations necessary to determine any TPD or other insurance entitlements you may have. After advising you of your options, we then use our automated technological platform to gather all the evidence we require for your TPD claim (such as evidence from your doctor and the completion of claim forms) in order to give your claim the best chance of success. We create a detailed statement for you setting out your education training and experience. We then review all of the evidence and make submissions on your behalf as to why the insurer should pay the claim.

Once everything is provided, the insurer will determine your claim. It may be that the insurer accepts the claim and payment can be made. If not, we can advise you further as to potential action that can be undertake which could include:

  1. Seeking a review;
  2. Providing further evidence;
  3. Requesting an informal settlement conference; and/or
  4. Commencing court action.

Let us do our best to make insurance pay.

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ONE OF OUR HIGHLY SKILLED LAWYERS