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Injured at work?

What to do if your claim is rejected or terminated.

In most circumstances if you are injured at work and the injury was caused in part or in whole due to your workplace duties, you are entitled to Compensation in the form of Weekly Payments and Medical and Like Expenses. You may also be entitled to lump sum benefits.

The first step is to lodge a Worker’s Compensation is consulting with a medical professional and obtaining a certificate of capacity. With a certificate of capacity, you can lodge a claim for worker’s compensation upon your employer. Generally, you must lodge the claim within 30 days of being aware of incapacity for employment or within 30 days of suffering an injury.

To access the benefits, your claim needs to be accepted by an authorised agent of WorkSafe which is usually an insurance company.

If your claim has been rejected, you must act quickly as you only have 60 days to make an application for Conciliation with the Workplace Injury Commission. Failure to do so may severely impact your chances of having the decision reviewed.

If your claim is rejected or your entitlements are terminated, we recommend you do the following:

  • Read the decision notice carefully and note all the reasons contained in the letter.
  • Take detailed notes of the reasons listed in the letter and why you disagree with them and consider what evidence you may need to obtain to successfully challenge the decision.
  • Speak to your general practitioner or primary treater about the decision and get their views on the decision made.
  • Consider your options, which may include requesting an internal review or making an application for Conciliation.
  • If your claim was initially accepted and now it has been terminated, you may be entitled to other benefits such as lump sum payments.
  • Make an appointment with Karlos Lawyers to discuss the best way to strategically challenge the decision and let us take care of the process for you, including making the application for conciliation.

If you have suffered a workplace injury and have ongoing consequences, rendering you unable to work or unable to return to your pre-injury duties, you must act quickly as strict deadlines apply.

If you have returned to suitable or alternative duties and still struggle with the consequences and restrictions due to the injuries, you may be able to make a lump sum claim for either an impairment benefit or potentially a claim for Pain and Suffering damages.

Worker’s Compensation is a specialist area of law which requires expert advice. Having the right legal team behind you can make all the difference. If you have been injured at work, contact Karlos Lawyers, and claim what’s yours.

Free Claim Check

Injured in a Road or Transport Accident?

What to do if the TAC rejects or terminates your claim or denies your medical treatment

If you are injured in a transport accident you have rights and entitlements. You may be entitled to loss of earning benefits, medical expenses, occupational rehabilitation and in most cases lump sum entitlements.

If you have been involved in a transport accident you must do the following:

  • Seek medical attention and if appropriate obtain a certificate of capacity from a medical practitioner.
  • Report the transport accident to the Police and obtain a traffic incident number.
  • Before reporting the matter to Police, we recommend that you gather all relevant information such as:
  • The location of the transport accident
  • Any potential witnesses
  • The other party’s details including the make, model and registration of any other vehicles involved
  • A list of all specific and potential injuries, making sure you specify which body parts are affected including all bruises or strains.
  • Lodge a TAC Claim directly with the TAC either by phone or online.

We strongly recommend you ensure you report all bruises, niggles or discomfort to both the TAC and to the Police when making a report.

Failure to list all affected body parts may significantly hinder your ability to claim compensation later down the track. Many claimants do not report all body parts impacted by the transport accident due to a genuine belief that the pain is merely temporary and the bruises and strains will resolve within time.

The reality is that many injuries develop over time and gradually worsen, resulting in persistent serious injuries and discomfort. It is often the injuries that seem insignificant at first that develop into serious permanent injuries and conditions. If you do not list all the body parts impacted by the transport accident and one of those body parts emerge into an ongoing permanent condition, you may face difficulties having any subsequent condition recognised as a transport accident-related injury. From our experience, the TAC takes a strong negative view on Injuries that gradually worsen or develop over time, especially when they are not specifically mentioned at the beginning.

We recommend that you contact our office prior to reporting the matter to Police or making a claim with the TAC as it is critical that the right information and descriptions are provided to the Police and to the TAC to ensure that the claims process progresses as smoothly as possible, and you are able to access benefits under the scheme.

If your claim has been rejected, you must act quickly as failure to do so may severely impact your chances of having the decision reviewed. If your claim is rejected or your entitlements are terminated or denied, we recommend you do the following:

  • Read the decision notice carefully and note all the reasons contained in the letter.
  • Take detailed notes of the reasons listed in the letter and why you disagree with the decision and consider what evidence you may need to obtain to successfully challenge the decision.
  • Speak to your general practitioner or primary treaters about the decision and get their views on the decision made.
  • Consider your options, which may include requesting an internal review or lodging a dispute resolution application.
  • If your claim was initially accepted and now it has been terminated, you may be entitled to other benefits such as lump sum payments.
  • Make an appointment with Karlos Lawyers to discuss the best way to strategically challenge the decision and let us take care of the process for you, including making the dispute resolution application.

If you have suffered injuries in a transport accident have ongoing consequences, rendering you unable to work or unable to return to your pre-injury duties or alternative duties, you must act quickly as strict deadlines apply.

Having the right legal team behind you can make all the difference.

Road & Transport accident Compensation claims is a specialist area of law and can be a complex system to navigate, you require expert advice and advocacy.

If you have been injured in a Road & Transport Accident, contact our lawyers today and claim what’s yours

Free Claim Check

Treated unfairly? Harassed or assaulted?

What to do if you’ve been unfairly dismissed, discriminated against or suffered injury, distress or humiliation through no fault of your own

Under Australian workplace and anti-discrimination laws, you have rights, entitlements and protections.  In the workplace you are protected from adverse action and protected from being subjected to unfair, unjust, harsh and unreasonable conduct. This protection extends to terminations and other disciplinary processes.

If you have been unfairly dismissed from your employment, you need to act quickly as you only have 21 days from the date dismissal took effect to challenge the decision. You may be able to seek reinstatement of your position or, if your employment is no longer tenable you may be entitled to compensation.

If you are facing disciplinary action or have been dismissed, we recommend that you:

  • Do not make any statements, respond to any allegations or participate in a recorded interview with an investigator or your employer prior to seeking legal advice.
  • Create a detailed history of your employment for the six months prior to your dismissal or prior to any disciplinary action or meeting, including all interactions with your employer and management. You need to take an objective view of what series of events took place and understand what has led you to the position you are in.
  • Print off or save all emails and correspondence to you by management which you believe may be material to your case.
  • Read all formal letters and correspondence addressed to you carefully and take detailed notes on what allegations or what the letters say. This will be important as you need to formulate a strategy in how to challenge any allegations made against you.
  • Contact Karlos Lawyers as early as possible to protect your interests.

If you have been discriminated against, sexually harassed, or sexually assaulted we recommend that you:

  • Take a detailed record of what occurred, noting dates, locations with sufficient detail to identify all persons involved.
  • Seek out any witnesses to the conduct, if possible.
  • Seek medical attention if you have suffered physical and/or psychological injuries or conditions due to the discriminatory conduct or the harassment.
  • Consider reporting the matter to Police or to relevant authorities.
  • Consider making a complaint to the Australian Human Rights Commission or the Victorian Equal Opportunities Commission. However, we recommend you obtain legal advice before embarking on this process.
  • Seek expert legal advice from Karlos Lawyers.

Unlawful discrimination can occur in all facets of public life, this could be at work, in a public or private setting and online. It is unlawful to discriminate against or take adverse action against any person due to personal characteristics such as race, gender, sex, political orientation or any other protected attribute; if you have been subjected to discrimination in any form, contact Karlos Lawyers today and take a stand against discriminatory conduct.

If you have been sexually assaulted, you should seek immediately medical attention and report the matter to Police. It is important that you act quickly and ensure that you seek out support and advice promptly. Karlos Lawyers can assist you in connecting with support networks and can assist you in securing just and equitable compensation so you can begin the healing process.

If you have suffered injury on a public or private premises, it is important that you:

  • Take photographs of the premises from every possible angle. It is recommended that you insert objects into the photograph to demonstrate scale and depth.
  • Report all injuries, scars, bruising and discomfort to your General Practitioner as soon as possible.
  • Report the injury to relevant authorities such as council officers, facility management or body corporate.
  • Seek out medical treatment
  • Consult with an expert Injury & Compensation Lawyer.

It is important to note that if you suffer injury in a public or private place, you may be entitled to bring forward a public liability claim. There are strict timeframes that apply so you will need to seek advice as soon as possible. Failure to act within time may significantly hinder your chances of securing compensation for your injuries, regardless of how seriously injured you are.

Call Karlos Lawyers today and claim what’s yours.

Free Claim Check

No Win, No Fee!

(May not be applicable to all dispute and may be subject to terms and conditions)
Not only do we back ourselves; we back you. You have suffered enough, and we know now is not the time to be worried about legal fees. That is why we offer many of our services on a No Win, No Fee basis. It costs you nothing to know where you stand. You have nothing to lose and everything to gain.
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