Last updated August 10, 2023

9 reasons why you need an expert workers compensation lawyer

If you have suffered an injury at work you may be able to make a claim for Workers’ Compensation.

The Workers’ Compensation system deals with injured workers rights, the employers rights, payment of medical treatment, lump sum compensation for permanent impairment, weekly payments, and ongoing compensation payments.

The WorkCover legislation is complex and technical, as it requires claims to be made in a certain way. If you get it wrong this could jeopardise your chance to obtain proper compensation.

A man smiling on an opposite side of a desk to a lady.

We've provided 9 reasons why you need to hire an expert workers compensation lawyer for your claim.

1. To Make a Claim Correctly

A lawyer can make sure you have made the claim correctly and within the necessary time frames. You need to make a claim within 6 months from the date of your injury.

2. To Review Your Statements

You need a lawyer to review any statement before you give it to an insurer. Once you have made a claim, an insurer will appoint an investigator. What you say to an investigator can have a big impact on your claim. This is an information gathering exercise for the insurer and they are trying to find any reason to decline your claim.

3. To Ensure You’re Paid Correctly

A lawyer can help you get the correct compensation payment. Once payments commence, you need to know if you are being paid correctly. The amount of compensation for weekly payments is very technical and the insurer often gets it wrong.

4. To Ensure You’re Compensated Correctly

The same for payment of medical expenses, often an insurer will just verbally say they won’t pay for treatment such as physiotherapy. This is not allowed under the legislation and an insurer must give detailed reasons in writing if they dispute payment for any medical treatment. This can then be challenged by a lawyer on your behalf.

5. To Ensure You Recover Fully Before Returning to Work

An expert workers’ compensation lawyer can advise you on how to handle aggressive tactics. The insurer’s favourite tactic is to be very aggressive in getting people back to work as soon as possible after an injury. Sometimes this is a good thing but sometimes people need to properly recover from an injury before they can go back to work. The insurer or the rehabilitation provider can be very pushy with you and your doctor and you need to know how to handle the insurer if this happens to you.

6. To Protect Your Rights

A lawyer can advise you on whether you need to take a medical assessment. The insurer looks to decline claims whenever possible by arranging “independent” medical assessments. These are anything but independent. An insurer can only arrange such assessments under certain circumstances and you need to know if you are required by law to attend the insurers medical assessment.

7. To Make Your Best Claim

A lawyer will also generally advise you on your rights to compensation following a work injury. In certain circumstances, you may be entitled to bring a claim against someone other than your employer. This is often a much better claim than basic workers’ compensation.

8. To Assess Your Percentage WPI

You need a lawyer to help you assess your percentage level of Whole Person impairment (WPI) when your condition is stable. The percentage WPI you obtain has a profound effect on how much compensation you can claim and for how long payments are made. It is critical to any worker’s compensation claim.

9. To Determine Your Claim for Work Injury Damages

A lawyer will also discuss with you whether you may have a claim for Work Injury Damages, this is a claim in negligence against your employer also known as a common law claim. This type of claim can be worth hundreds of thousands of dollars and you need an expert workers’ compensation lawyer to guide you if you make this type of claim.

How to Pick the Right Workers Compensation Lawyer

In almost all cases, your workers’ compensation lawyer will obtain more compensation for you than you can obtain on your own.

There are no legal costs in workers’ compensation claims, all legal fees are payable by SIRA (the new WorkCover). One meeting with a lawyer could save you time, effort, and a lot of money.

There are a few things you need to ask when picking a compensation lawyer:

Do they have years of experience?
Do they offer a free consultation?
Do they offer a no-win no-fee costs agreement?
Are they an Accredited Specialist?

If your lawyer is an Accredited Specialist, it means that they are an expert in their profession. In order to gain special accreditation, your lawyer will have passed an independent exam which tests their skills and experiences, they also must undergo a peer interview conducted by other experts. Accredited specialists are highly regarded in the profession and are accredited by the NSW Law Society.

If you would like to know more about hiring an expert workers’ compensation lawyer, how to pick a lawyer, or any legal advice in relation to an injury claim please do not hesitate to contact us as follows;

Complete our FREE case assessment form HERE
Email us at info@garlingandco.com.au
Give us a call on (02) 8518 1120 and talk to our specialised lawyers

Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.

Matthew Garling

Matthew Garling is an Accredited Specialist in Personal Injury Law approved by New South Wales Law Society. He is admitted to practice in the Supreme Court of NSW and the High Court of Australia. Matthew is also a member of...

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T M

08:15 27 Feb 25

To describe my experience with Garling & Co Lawyers as transformative would be an understatement. From the moment I engaged their services, I was met with a level of professionalism, compassion, and... legal acumen that is truly unparalleled. At the heart of this exceptional team is Mr. Matthew a man whose profound intellect, vast experience, and unwavering commitment to his clients set him apart as one of the finest advocates in the field of personal injury law.Mr. Matthew possesses an extraordinary depth of knowledge, honed by years of navigating the complexities of personal injury claims. His ability to anticipate challenges, strategize effectively, and counteract adversarial tactics is nothing short of remarkable. In my case, where I suffered a debilitating back injury as a result of a workplace accident, the road to recovery both physically and legally felt insurmountable. Insurance companies and medical examiners sought to downplay the severity of my condition, attempting to minimise my impairment rating and deny me the compensation I rightfully deserved. Yet, Mr. Matthew stood firm, refusing to let them diminish the gravity of my suffering.What struck me most about Mr. Matthew and indeed the entire team at Garling & Co is their genuine care for their clients. Mr. Matthew is not merely a lawyer; he is a compassionate advocate who understands the human element behind every case. He listened intently as I described the chronic pain, mobility limitations, and emotional toll caused by my back injury , treating my story with the seriousness it warranted. His internal and external team, equally brilliant and dedicated, worked tirelessly to gather medical evidence, consult specialists, and build an unassailable case that highlighted the true extent of my injuries. Together, they formed an unstoppable force, driven by a shared mission to deliver the best possible result for their clients.The professionalism exhibited by Garling & Co is of such a high caliber that it defies belief. Every interaction was marked by courtesy, precision, and transparency. They communicated with me regularly, keeping me informed at every stage of the process and ensuring I felt empowered rather than overwhelmed. Their ability to simplify even the most intricate legal matters into understandable terms speaks volumes about their expertise and client-centered approach.Thanks to Mr. Matthew and his team, what began as a daunting and disheartening journey ended in triumph. Facing a severe back injury that left me unable to work or enjoy life as I once did, I encountered countless obstacles designed to diminish my claim. Yet, under Mr. Matthew’s guidance, those barriers were dismantled one by one. The result he achieved for me was not just satisfactory it was extraordinary. He secured the maximum compensation I deserved, restoring not only my financial stability but also my faith in the legal system.If you find yourself grappling with the aftermath of a personal injury, whether it be a back injury , workplace accident, or any other trauma, I implore you to place your trust in Garling & Co Lawyers. They are more than capable of turning despair into hope, adversity into victory, and injustice into resolution. With Mr. Matthew leading the charge, you can rest assured that your case will be handled with the utmost integrity, intelligence, and tenacity.In closing, I wish to express my deepest gratitude to Mr. Matthew and the entire team at Garling & Co. You have made an indelible impact on my life, and I will forever be indebted to you for your tireless efforts and unwavering support. To anyone seeking representation that combines brilliance, professionalism, and genuine care, look no further Garling & Co is the epitome of excellence.read more

S Z

07:46 27 Feb 25

I cannot express enough gratitude for the exceptional support and dedication provided by Garling & Co Lawyers, particularly Mr. Matthew, Alison, and their incredible team. They have been nothing... short of a lifeline during one of the darkest chapters of my life a time when I felt abandoned, broken, and unsure if anyone could truly help me.After sustaining multiple disabilities from a workplace injury, I was left grappling with physical pain, emotional turmoil, and overwhelming uncertainty about my future. I had initially turned to another law firm one of those big names everyone talks about but they failed me. Despite their promises and polished reputation, they couldn’t deliver when it mattered most. Faced with insurance medical examiners determined to downplay my injuries and strip away my rights, I felt powerless. It seemed like no one was on my side until I found Garling & Co.From the very first conversation, Matthew, Alison, and the entire team showed me what real compassion looks like. They didn’t just hear my story; they felt it. Every phone call I made was answered with patience and understanding. Every question I had was met with clarity and reassurance. For the first time in months, I felt seen, heard, and valued not as a case file, but as a person.What sets Garling & Co apart isn’t just their unmatched legal expertise it’s their humanity. They understood the weight of what I was carrying, and they carried it with me. Where others saw obstacles too great to overcome, they saw opportunities to fight harder. Their wisdom, determination, and relentless pursuit of justice transformed a losing case into a victory that exceeded all expectations.The difference between my previous lawyers and Garling & Co? Heart. My former lawyers treated my case like a transaction; Garling & Co treated it like a mission. They refused to let the insurance company minimize my suffering or dismiss my struggles. Instead, they fought tooth and nail to secure the maximum impairment compensation I deserved a result I never dreamed possible after everything I’d been through.If you’re reading this and feeling lost, scared, or defeated, please know there is hope. No matter how complex or challenging your situation may seem, Garling & Co will stand by you. They’ll dig deep, work tirelessly, and leave no stone unturned in their quest for fairness and justice. You won’t just be hiring lawyers you’ll be gaining advocates who genuinely care about your well-being and your future.To Matthew, Alison, and the entire team at Garling & Co: thank you!!! doesn’t feel like enough. You’ve given me back my dignity, my peace of mind, and my belief that good people still exist in this world. If anyone is searching for a team that will pour their heart and soul into your case, look no further. These are the lawyers who will turn your darkest days into brighter tomorrows.read more

Jude M.

03:54 21 Feb 25

I rang Mr Matthew Garling on a matter, and Matthew gave me his time and honest advice from goodwill. Matthew is a very honest, good man of integrity who went beyond the call of duty. I would highly... recommend Matthew and his company.read more

Pouya Zadbar T.

01:36 15 Feb 25

Garling and Co were very helpful and did their best to get the most payout for my mothers workers compensation claim. We were very happy with their patience and understanding as this was a long and... trying process with the insurance. I Would definitely recommend their services.read more

Don T.

05:59 13 Feb 25

I had an occupational accident for 2 years and after the surgery for a whole year there was no good result and my body was in so much pain that I could not return to work. Everyone told me to find a... lawyer immediately, I did not know which lawyer could help me so I searched on Google. After searching I found that many clients were very satisfied with Garling & Co, so I texted Garling & Co. They immediately called back and asked if I felt pain and could not come to the office, they would come to see me but I replied that I could come. And the legal journey started from there. I met Mr. Garling who was about my age but very enthusiastic and dedicated and he explained and advised me in a way that I could understand all the questions and I agreed with him very much, then he handed over my case to Ms. Allison to contact me. Everything went very well according to his arrangements from the first step to the last step. Until the last day, he explained how the negotiation was going and I understood the whole story. I did not ask for too much and the number I gave was quickly agreed to avoid lengthy legal headaches. In total, after 4 years of the accident and almost 2 years with the help of Garling & Co, everything was resolved happily for all parties. Once again, I thank Mr. Garling, Ms. Allison and everyone at Garling & Co for helping me, they are wonderful and I hope they will continue their good work helping people who need legal help like I need help. Thank you very much Garling & Co.read more

Pedro M.

04:26 11 Feb 25

Thank you so much for all the help and support this past years.I recommend it to anyone who needs help.Thanks again and all the best for the Garling & Co team and a special thanks to Kerry Byrnes.

Ron J.

03:49 11 Feb 25

I had an overall good experience with Garling and Co. I was the victim of a major motorvehicle accident in April 2021. There were a few complications in my case including me having to move overseas... for 2 years temporarily during the progression of my claim and original lawyer from Garling that handled my case leaving the firm. The move overseas resulted in the insurer cutting off my income replacement, which lasted for 9 months, which as you can imagine created a major financial strain on the family On both these occasions, Garling worked to get a good result. They fought in front of the NSW Panel, and got a reported decision that states that all Permanent Residents and Citizens of Australia have the right to be paid income replacement even when overseas, during an accident claim under CTP cover. They also worked very hard in the face of a typically uncooperative and obstructive insurer to progress my claim over the last (almost 4 years) and the replacement lawyer Kerry Burns has done amazing work, with care, empathy and professionalism. I've had a good experience with them!read more

Sandra C.

03:27 06 Feb 25

Garling & Co Lawyers were professional from start to finish. They made me feel like I was as important to them as all their clients. Emma Perkins and her team went over and above in all aspects to... exceed my expectations. Highly recommended.read more

kokomo U.

01:38 15 Jan 25

Such a difficult time for me and so grateful to have alison and Mathews help...knowing I could trust in their knowledge, along with the understanding and compassion I received helped make a trying... time easier to navigate. Thankyou guys, would highly recommendread more

Sam H.

09:47 17 Dec 24

Very knowledgeable, explains everything very clearly and highly recommend.

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