Workers Compensation for Older Western Australians

Until 1 October 2011, Workers Compensation and Injury Management Act 1981 (the Act) used to prescribe that workers would only receive benefits until the age of 65, and if the worker was over the age of 64 at the time of the injury then the worker only has an entitlement to one year of weekly compensation.

Workers compensation is a no fault system and in most situations you will be entitled to compensation even if the injury was your own fault.

The Parliament has recognized that for a lot of Australians, retiring at the age of 65 is not desirable or financially possible, and has amended the Act. The new amendments to the act state that:

remove age-based limits on workers compensation entitlements;Extend the workers' compensation safety net to enable workers employed by uninsured employers to receive common law entitlements; under certain circumstances. The amendments also make it mandatory for all employers to have insurance covering both statutory and common law liabilities;restructure the dispute resolution system; andAddress legislative anomalies and inefficiencies.

It is worth noting that the changes to the act only apply to injuries after the amendments, and the effects are not retrospective to older injuries before the amendments to the Act.

The amendments to the act are clearly positive news for workers, but workers should beware that insurers' are always looking for ways to limit your liability. In older Western Australian workers this often means sending you to a doctor used by the insurance company who will say that your ongoing symptoms are being caused by a condition you had earlier in your life.

It is common for workers to be served with a document called a Notice to Worker of Intention to Discontinue or Reduce Payments. This is a very important document, and if you do nothing your weekly payments will be cut off. It is likely that there will be other evidence (such as evidence from your General Practitioner or other Specialists) you can use to dispute the notice and you will need to lodge an application with Work Cover.

If you have a query concerning workers compensation matters call Foyle Legal for your obligation free consultation. At Foyle Legal we offer a no obligation free consultation for personal injury matters and we take your matter on a no win no fee basis. This means that if you are not successful, you do not have to pay us but if you lose your case then you may have to pay the other party's legal costs.

The Director of Foyle Legal is one of only a few workers compensation lawyers in Perth who has practiced as a claimant and defendant lawyer in personal injury cases. If you think you have a case, or require further assistance with your workers compensation claim or any other personal injury claim, why not contact us at 0408 727 343.

Procedure For Making Accident Compensation Claims in The UK

How long do I have after my accident to start personal injury compensation claims proceedings?

Under the Limitation Act 1990, those who have been the victim in a road traffic accident have three years in which to initiate legal proceedings against the party they believe to be responsible. It is unlikely your claim will be accepted by a reputable firm of solicitors if you exceed the three-year time limit unless there are exceptional circumstances prevented you from starting a claim.

Unless there is a valid reason for you exceeding the time limit, it is unlikely the courts will use their discretion and allow you to make a claim. One exception to the rule relates to those who are suffering from a mental illness or injury - if a court determines that the victim could not reasonably have started a claim within the time limit they may be granted an extension.

What do I need in order to initiate accident compensation claims proceedings against a third party?

To find out what you need in order to make a successful claim, your best option is to discuss your case with a qualified and experienced solicitor. Generally a solicitor will need evidence to prove that the accident was not your fault and they will also require medical evidence relating to the injuries you sustained in the incident.

What is the procedure for making accident compensation claims?

Initially, a solicitor will assess your case and will examine the supporting evidence relating to the accident you were involved in and the injuries you sustained. A qualified solicitor will have to evaluate your claim a thoroughly in order to determine that there is a good chance of achieving a successful resolution.

Once a solicitor has established that you do you qualify for a compensation award, they will generally discuss your prospects of success and will also offer you advice about funding your claim. If you are satisfied that you have a good chance of achieving a successful outcome and if you understand the way in which your costs are covered, you can appoint a solicitor to act on your behalf.

How do car accident victims pay to start the accident compensation claims process?

There are a number of reputable law firms in the UK that will not charge you a penny to start claiming the compensation you deserve providing you have a qualifying case. Most law firms will require you to sign an agreement which will cover their costs in the event your case is resolved successfully. If you approach law firm that asks you to pay an upfront fee, you should think very carefully about whether or not you wish to use their services as there are a number of law firms that will not charge you a penny for starting your claim.

If I do decide to start an accident compensation claim, how much compensation am I likely to receive and how long will it take to settle my case?

This is an extremely complicated question and there is no simple answer - the amount of compensation you will receive and the length of time it will take to settle your case depends entirely on your individual circumstances.

A road accident claim gets too complicated as there are many details that need to be covered. It is, therefore, a good idea to hire a personal injury solicitor to prepare the claim documents, offer legal advice, and file the case in best possible manner so that you are successfully claim the most properroad accident compensation .

How Mediation Can Help Resolve Longstanding Workers' Compensation Cases?

Mediation as a form of alternative dispute resolution can be a great way to resolve workers' compensation cases that have been open for at least two years and have failed to reach a resolution. This is especially true if the workers' compensation case involves the potential of extended litigation--something that neither side will want. Litigation will end up costing both parties more money and time than mediation, and in mediation, both parties will maintain control over the outcome of the resolution. For these reasons alone, mediation is more preferable than litigation in resolving matters relating to unsettled workers' compensation claims.

Workers' compensation mediation allows the parties involved to narrow the scope of the issues and realize the positions of each side. This understanding allows a greater chance of resolution and the mediator--who is a neutral, third party--will help the parties arrive to this point if they are willing to openly discuss the issues at hand.

There are many issues involved in workers' compensation disputes that can be adequately addressed through mediation. For example, mediation can be highly successful in resolving:

Settlement issues related to workers' compensation claims.Questions and disputes related to medical issues covered under workers' compensation.Discussion of light-duty employment while the case is being settled.Suspension of benefits.Payment of bills in a compensable medical condition.Issues related to rehabilitation.Disputes related to attorney fees and/or liens.Determination of an employee's correct average weekly wage.

Workers' compensation mediation will take place in a face-to-face meeting between the parties involved in the dispute and their representatives, and is usually not done over the phone. This focus on communication without the encumbrances and psychological distancing that can occur over the telephone often helps "humanize" the situation, making it easier to reach a resolution between disputants.

In workers' compensation cases involving disputes over large amounts of money, structured settlement experts are usually brought in to assist in helping the parties determine a fair structured settlement to resolve the claim. Since workers' compensation claims are not guaranteed if the worker dies, it is important that the parties correctly understand the terms of the settlement before agreeing to it. It is also important that before the mediation process begins, the mediator is made aware of all extenuating circumstances related to the workers' compensation claim, including a summary of past settlement negotiations and possible issues with liens or Medicare Set Aside trust complications.

Scott Corlew is a trained mediator and arbitrator and has arbitrated and mediated dozens of cases. He has successfully handled complex mediation and arbitration for clients as an attorney as well. He is licensed to practice law in all State and Federal courts in Mississippi. If you are involved in workers' compensation dispute, contact Scott at 228-202-5176 or visit his website at http://www.corlewlaw.com/

How Mediation Can Help Resolve Longstanding Workers' Compensation Cases?

Mediation as a form of alternative dispute resolution can be a great way to resolve workers' compensation cases that have been open for at least two years and have failed to reach a resolution. This is especially true if the workers' compensation case involves the potential of extended litigation--something that neither side will want. Litigation will end up costing both parties more money and time than mediation, and in mediation, both parties will maintain control over the outcome of the resolution. For these reasons alone, mediation is more preferable than litigation in resolving matters relating to unsettled workers' compensation claims.

Workers' compensation mediation allows the parties involved to narrow the scope of the issues and realize the positions of each side. This understanding allows a greater chance of resolution and the mediator--who is a neutral, third party--will help the parties arrive to this point if they are willing to openly discuss the issues at hand.

There are many issues involved in workers' compensation disputes that can be adequately addressed through mediation. For example, mediation can be highly successful in resolving:

Settlement issues related to workers' compensation claims.Questions and disputes related to medical issues covered under workers' compensation.Discussion of light-duty employment while the case is being settled.Suspension of benefits.Payment of bills in a compensable medical condition.Issues related to rehabilitation.Disputes related to attorney fees and/or liens.Determination of an employee's correct average weekly wage.

Workers' compensation mediation will take place in a face-to-face meeting between the parties involved in the dispute and their representatives, and is usually not done over the phone. This focus on communication without the encumbrances and psychological distancing that can occur over the telephone often helps "humanize" the situation, making it easier to reach a resolution between disputants.

In workers' compensation cases involving disputes over large amounts of money, structured settlement experts are usually brought in to assist in helping the parties determine a fair structured settlement to resolve the claim. Since workers' compensation claims are not guaranteed if the worker dies, it is important that the parties correctly understand the terms of the settlement before agreeing to it. It is also important that before the mediation process begins, the mediator is made aware of all extenuating circumstances related to the workers' compensation claim, including a summary of past settlement negotiations and possible issues with liens or Medicare Set Aside trust complications.

Scott Corlew is a trained mediator and arbitrator and has arbitrated and mediated dozens of cases. He has successfully handled complex mediation and arbitration for clients as an attorney as well. He is licensed to practice law in all State and Federal courts in Mississippi. If you are involved in workers' compensation dispute, contact Scott at 228-202-5176 or visit his website at http://www.corlewlaw.com/