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Trustworthy Workers’ Compensation Legal Representation

Injuries can occur at the workplace regardless of your occupation. If you have suffered an injury at work or that has been significantly contributed to by work, you are likely to have a claim and you should seek proper compensation. For this reason, you require the services of reliable and knowledgeable workers’ compensation lawyers. 

Lander & Co has a team of reliable compensation lawyers in Canberra.

What the Law Says About Workers’ Compensation

Injuries at work can occur due to multiple reasons, such as failure to implement safety policies, bullying and harassment and/or an unsafe workplace. 

In the ACT, there are two main non-military schemes: 

  • Employees in the Commonwealth, ACT Government are covered by the Safety Rehabilitation and Compensation Act 1988 (SRC ACT).  Additionally,  licensees under the SRC Act are also covered.  Comcare, EML, or the employer act as insurer and manage the issue according to the SRC Act. We accept retainers as a workers’ comp lawyer to assist those whose claims fall under the SRC Act across the entire country. 
  • For ACT-based employees in the private sector, you must seek compensation under the Workers Compensation Act 1951 (ACT). 

The two schemes are different; we have the skills and knowledge to address both. 

In the case of psychological injuries, there is a need for more specialised legal advice; this is because the law is more complex if your injury involves a psychological or mood disorder due to administrative action.  We have helped many such workers and have significant experience in dealing with such claims.

Depending on which Act governs your injury, you will face different processes and different outcomes are available under each scheme.  We can assist with all stages of the process, including: lodgement of claims, assistance with rehabilitation disputes, cessation of liability, reconsiderations and appeals.  We can also assist with commutation of claims for those in the private sector. 

How We’ve Assisted With Workers' Compensation Across Canberra

Lander & Co has represented injured workers for over three decades. We have advised hundreds of workers’ compensation claimants over the years.  We exclusively represent injured workers and do not represent insurers, so our team focuses on your perspective and needs.

Litigation is stressful and comes with risks. We assist you with managing the risk through effective, informative and issue-based representation, timely advice, the submission of cogent, credible evidence and coherent and skilful negotiation. Our client feedback is a testament to our ethics and our reputation. We prefer working with you as a team, and we value your input. 

Additionally, we understand that our clients may not be in an ideal financial position to afford legal assistance, and are willing to take on suitable matters as a no-win-no-fee workers’ compensation lawyer.

The Process to Lodge a Claim With Workers Compensation Lawyers Around Canberra

Here’s what you can expect when you engage a workers’ compensation injury lawyer to claim workers’ compensation for Comcare claims and others whose claims are managed under the SRC Act.

Comcare claims/Claims Under the SRC Act 
ACT Private Workers Compensation Claims
1

Lodgement of Claim

You must be prompt with lodging a claim after sustaining the injury. It’s possible to go through the process yourself, but there are drawbacks, especially if you have a psychological injury. We recommend you seek legal advice from a competent lawyer before submitting your claim.

2

Receipt of Initial Decision

Comcare/EML/a Self-Insurer will accept or deny liability for the injury you claim.  If they deny liability, you must seek reconsideration of the decision within 30 days.  However, if they accept liability, you must regularly engage with Comcare/EML/the Self Insurer to maintain your claim and receive benefits.  You may be required to see insurer appointed medical examiners and undertake a rehabilitation assessment and program. If you receive any decision that you disagree with throughout your claim, you can seek reconsideration within 30 days, highlighting the need for professional advice. You might also be able to make an application for a permanent impairment lump sum.

3

Requesting Reconsideration

You must make a coherent request and provide additional evidence, particularly medical evidence. Unfortunately, independent medicolegal experts will usually not see you or assess you without a referral request from a solicitor. It is rare for the insurer to change its mind at reconsideration, particularly if you lodged without legal representation.

4

Receipt of Reconsideration/Reviewable Decision

If you are unhappy with the decision, you must seek review at the Administrative Appeals Tribunal (AAT) within 60 days. This is a big decision with a deadline that requires experience and knowledge of the relevant law.

5

Administrative Appeals Tribunal (AAT Application)

An AAT Application for review can be lengthy, sometimes taking up to a year or more. While people can represent themselves, the process is complex. Our team can take care of matters at the AAT. 

You won’t have to pay the insurer’s legal costs if you are unsuccessful, and you can claim party/party legal costs from the insurer if you get a favourable outcome.  There is usually a conciliation before a hearing is scheduled which is a type of alternative dispute resolution process in which parties attempt to reach a resolution prior to hearing.

If resolution is not possible, the matter will proceed to hearing and the AAT will make a decision.

6

Federal Court Appeal and Other Appeals

An appeal against the AAT decision is only available if there is an error of law and not on the decision’s merits. You have only 28 days to lodge a Notice of Appeal.  If you are unsuccessful, you usually must pay the insurer’s legal costs. For this reason, you must get help from someone who can identify an error of law and assess your prospects which we can assist with. 

1

Lodgement of Claim

In the ACT private sector it is very important to seek legal advice when you are lodging a claim for workers compensation because many injured people don’t realise that in some cases there might be a common law claim which can give gives rise to damages and there are statutory time limits.  It is also important to lodge your claim promptly because ordinarily insurers will mostly only pay benefits from the date of lodgement of the claim.

2

Receipt of Decision

If your claim is not accepted, you are often given the option of seeking internal review which in our experience is usually not your best option.  Once you have received a denial of liability, we recommend that you lodge an application for arbitration with the Magistrates Court.  If your claim is accepted then you will receive workers compensation benefits on an ongoing basis until there is a dispute, or until you are approached by the insurer to “commute” your claim.  We strongly recommend that you seek legal advice in all of these circumstances.
3

Application for Arbitration with the Magistrates Court

Once an application is lodged, things will move relatively quickly.  A dispute resolution conference is scheduled by the Court at approximately 4 months from lodgement and often cases will settle at this conference.  If not, the matter will proceed to hearing and a hearing will be listed well within a year of lodgement of the application.

4

Appeal from a Decision of the Magistrates Court

A decision of the Magistrates Court can only be challenged on an error of law, and we recommend that you promptly seek legal assistance urgently in these circumstances.

We’re in Your Corner

We understand you don’t have the legal knowledge to take on these challenges by yourself, which is why our workers’ compensation services are advisable. Let’s win your battle together.

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