How do workers' compensation claims get settled?

Published by Marshall & Gibson Lawyers on the 25 January 2017

When an injury happens in a workplace setting, there's always the potential for tensions to run high. The employee is hurt and wants the company to do right by them; the company has a lot of logistical issues to deal with, such as replacing the labour they're losing from the injured staff member. This can get messy in a lot of ways - especially financially.

When you get injured at work and file a workers' compensation claim, that's likely to be an especially contentious situation. No employer wants to hand over a large sum of money without at least discussing it with their legal representation first. There might be a lengthy back-and-forth discussion before any final decisions can be reached.

How are workers' comp disputes settled?

When it's time to settle a dispute over workers' compensation, what sorts of factors can come into play? A lot, it turns out. According to the Queensland Workers' Compensation Regulator, the key considerations are:

  • Timing - Was the claim made within the allotted time constraints?
  • Employment status - Is the injured individual considered a worker?
  • Injury setting - Did the incident happen at work, or during a work-related event?
  • Work requirements - Was the person's employment a significant factor contributing to the injury?

If all of the above merit a yes, there may well be a solid workers' comp case there.

Set the emotions aside - it's just business

It's common in workers' compensation cases for both sides to get emotional. The workers are hurt and they really want to be compensated for their pain and suffering; the employers don't like being shaken down for money.

It's important for both sides, however, to leave emotions at the door. Getting overly anxious or confrontational won't help either side resolve the issue. If both parties remember that workers' comp cases are just business and not personal, it will help them get to the bottom of any dispute.

What kind of settlement are you eligible for?

If you're able to settle a workers' comp case, you might be eligible for all sorts of benefits. You could be paid for time off work, medical expenses, reimbursement for travel and much more. The only way to find out is to talk to a legal expert who can walk you through the process.

At Marshall and Gibson Compensation Lawyers Sydney, we're here to assist. Whatever sort of settlement you're eligible to collect, we can help you figure it out and collect it quickly. You may be injured, but your bank account will be in good health soon enough.

Call us today on 1800 675 417 or send us an email for your free, no obligation case evaluation by one of our expert compensation lawyers.