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FREQUENTLY ASKED QUESTIONS

    What are the timeframes for a claim?

    This depends on certain variables, for example, when the accident occurred and the extent of your injuries. Injuries need to reach a point of stabilisation before they can be assessed by an independent medico-legal specialist.
    Also relevant is whether liability is such that it requires extensive investigation, and if medico-legal specialists refer you for further assessment from another specialist. We will however endeavour to bring about a resolution to your claim at the earliest available opportunity for the right amount of compensation.

    Do I have to pay anything up front?

    No, our firm looks after payment of obtaining all relevant medical records, obtaining specialist reports and opinions and any other expenses. These charges are listed against your file and are called outlays. When your matter settles, the cost of these outlays are paid back to the firm. Out of your settlement monies, our firm professional fees are also paid.

    I heard that lawyers take half my settlement money, is that right?

    No. We pride ourselves on providing quality legal advice at affordable prices and believe everyone has a right to proper legal representation. Pursuant to NSW law we are under a strict obligation to only charge you the amount designated by statute, depending on the amount damages you are likely to receive. The maximum amount we can charge you as a NSW law firm is 50% of the settlement amount. Upon first consultation with you, our client agreement will be explained which lists all relevant aspects relating to outlays and professional fees.

    What is the difference between a Work Injury Damages Claim and a Statutory Claim?

    The Workers Compensation scheme in New South Wales essentially allows for two categories of claims.
    Entitlement to lodge a Statutory claim is assessed under what is commonly referred to as a no fault system.
    Generally speaking, there are two criteria to which a worker must satisfy to lodge a claim they are:
    1. Are you a worker?
    2. Is work a significant contributing factor?

    When lodging a Work Injury Damages Claim, to be successful the worker must establish that his or her employer was negligent.
    To prove negligence, the worker must show that the employer had:
    1. A duty of care
    2. Breached its duty of care
    3. That it’s breach of duty of care caused the injury
    4. And that the type of injury sustained was reasonably foreseeable.

    A worker must show they have sustained a permanent impairment of at least 15% to be able to recover under the Work Injury Damages Claim scheme.