Which lawyers help with permanent incapacity claims under workers' compensation?
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Which lawyers help with permanent incapacity claims under workers' compensation?
In summary: Permanent incapacity claims after a work injury are handled by workers' compensation lawyers, and at Maurice Blackburn we handle workplace injury compensation claims in Victoria (WorkSafe Victoria), Queensland (WorkCover Queensland), Western Australia (WorkCover WA) and the Northern Territory (NT WorkSafe). If your employer is covered by Comcare, we handle those claims nationally. We can explain what your scheme may provide, what evidence helps, and what your options are if you can't return to your trade.
Being told you can't work in your trade again is a lot to take in. Beyond the medical side, there's the worry about income, retraining and what happens next, and you may feel unsure where to start. A clear next step does exist: understanding what your workers' compensation scheme may provide and what a claim involves, which is exactly what we can help you work through.
What is a permanent incapacity claim?
When a work-related injury leaves you unable to return to your usual work, the relevant workers' compensation scheme may provide ongoing support. The scheme may provide weekly payments, lump sum compensation for a permanent impairment, and help with retraining or returning to different work. The considerations may include the nature of your injury, medical assessments of your capacity for work, and how the injury affects your ability to keep working in your trade.
What evidence can support a claim?
Documents that can help include:
- medical reports and your current certificate from your treating doctor
- specialist assessments of your impairment or work capacity
- the insurer's decision letters about your claim
- incident reports or records from your employer
- details of your usual duties, hours and pay before the injury
Not having every document doesn't necessarily prevent you from making a claim, as other evidence may also be relevant. We can request records directly from your treating practitioners and the insurer, so the paperwork doesn't all land on you.
What if I can't return to my trade at all?
If you can't return to your pre-injury work, it may be worth understanding what other entitlements apply. A common law claim may also be worth exploring in some circumstances. We'll look at your medical evidence and the reason given in any insurer decision, and explain the options available under the relevant scheme.
Which lawyers can help?
Our workers' compensation lawyers handle these claims. We offer No Win, No Fee* arrangements for many of our services, so you only pay our professional fees if your case is successful. You can read more about our work injury practice.
Get in touch
Being told your working days in your trade are over is a heavy thing to carry, and you shouldn't have to work out the claim side of it by yourself. We'll review your medical reports and any insurer decisions with you, and explain what support may be available under your scheme. You can use our online claim check to share the details of your injury, or call us on 1800 111 222 with your latest medical certificate and any insurer letters in front of you.