Workplace Injuries & Accidents - Insurance Claims - Your Rights

Are you having difficulties resolving an insurance claim following a workplace injury or accident?

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Workplace Injuries & Accidents - Insurance Claims

Carroll & O’Dea Lawyers know how stressful it can be after a workplace accident when your livelihood and that of your family is at a risk. We are experts in helping workers where an insurer has refused to make payments for medical expenses or wages.

Carroll & O’Dea Lawyers has the reputation as Australia’s leading workers compensation firm because of our dignified and determined approach to helping those who have suffered a workplace injury.

Our Lawyers know everything there is to know about securing workers compensation for people injured at work. We have a strong record of helping thousands of people with legal claims in respect of workers compensation and have defended the rights of employees across a wide range of industries.

When it matters to have the best advice, talk to Carroll & O’Dea Lawyers. We offer a free no obligation consultation and we will also run your case under our no-win no-fee to us policy. To view our policy click here.

Did you know?

If injured at work, a claim must be made within six month of a worker’s injury or accident (or within six months of a worker becoming aware of an injury). This time may be extended in certain circumstances but it is important to see a lawyer as soon as possible after your injury or if your workers compensation insurer disputes liability about any part of your claim.

Frequently asked questions

What should I do if I have been injured?

If you’ve suffered an injury in your workplace, there are two important steps you need to take. First, you should report your injury to your employer and make sure it is recorded. Secondly, you should see your local doctor for a medical examination and have your injuries noted in their clinical records. You are entitled to nominate your own treating doctor.

When do I need to see a lawyer?

A lawyer can advise you of your legal rights and whether you have a viable claim.

If you have been injured at work, it is a good idea to seek legal advice as soon as you can as it is not always obvious if you do have a claim.

What will happen at my first meeting?

The first meeting will be with a Partner and/or lawyer who will work closely with the partner on your file. The Partner has the ultimate responsibility for your matter.

During this meeting you will be asked to provide a summary of how the accident happened, injuries sustained and other relevant information. Preliminary advice might be provided about your rights and options at this stage. Participating in this process does not commit you to any course of action. The first meeting is no obligation, it is simply to exchange information and give preliminary advice.

Importantly, you will also be advised if you don’t have a legal case. This can be helpful in assisting you to move on and put the incident behind you, or seek a second opinion from another lawyer. We are happy to provide you with names of reputable firms who may assist.

How much will it first cost to ask a lawyer?

There are no costs for the first consultation at Carroll & O’Dea Lawyers with respect to personal injury matters. This meeting allows you to work out what your rights are and what your claim might be. If you don’t have a claim, we will tell you that first up. These first consultations are also without obligation.

What does "no win, no fee" mean?

In workers compensation cases we can apply for a grant of legal costs which if approved will cover your legal fees and disbursements. In other non workers compensation matters you do not pay for the costs and disbursements, (which can be significant) unless there is a successful outcome i.e. only if you win your case.

Disbursements are the costs incurred in preparing your case such as fees charged by experts for providing reports.

We will endeavour to recover as much of the costs as possible from the other party, but invariably there will be a gap that will be paid by you, from the settlement sum, at the conclusion of the matter. Carroll & O’Dea Lawyers will however ensure you are aware of what costs might be incurred.

How long will my claim take to be resolved?

At Carroll & O’Dea Lawyers we understand that engaging a lawyer can be stressful.

However, in most cases the injury needs to stabilise before the claim can be fully resolved.

Some cases can take years, however at Carroll & O’Dea Lawyers we work as quickly as we can to progress the matter.

The first meeting: What should I bring?

Necessary: A copy of your driver’s licence or any other identification.

Other Items: A copy of any paperwork that has been provided to you. This could be in the form of reports, medical certificates, and letters. It’s not critical to have all documentation but it helps the lawyer to gain an overview of the potential matter.

What is covered and what sort of financial support might I receive?

Insurers are usually required to pay for reasonable and necessary medical expenses as they are incurred.

It is also possible to claim other financial support at an early stage and other heads of damage.

However injuries between individuals vary and so each matter is different and it is best to seek the advice of a lawyer.

Make an enquiry now

You can call our office on 1800 059 278 to ask questions about your circumstances and talk obligation free to one of our lawyers to find out if you should proceed with a claim. Alternatively, contact us using the form below and we will be in touch with you soon.

Alternatively find your nearest office here.