How to access free legal advice following an injury at work

We understand that work injury can turn life upside down, and often causes significant strain on your finances. One of the key things we often hear is that injured people are too scared to contact a lawyer as they are worried that they do not have the money to pay for legal advice.  

This is really disappointing for us to hear as injured workers in New South Wales do not need to pay for legal advice.

Under the workers compensation scheme in New South Wales, injured workers can speak to lawyer and get advice at no cost.  

There are several different workers compensation schemes in New South Wales however this article will focus on the general scheme (which is applicable to most workers in the state) and the coal mining workers compensation scheme. We will explain how the legal costing works in both of those schemes.  

NSW Workers Compensation - General Scheme

If you have a workers compensation claim in the NSW system, in most instances you will be eligible to obtain legal assistance at no cost to you.

The NSW Government has established the Independent Legal Assistance and Review Services (“ILARS”) to facilitate free, independent legal advice for injured workers where there is a disagreement with insurer regarding a worker’s entitlements.

The legal advice can also be provided to assist injured workers make a claim, such as a claim for permanent impairment.

The lawyers providing the advice, must be ‘Approved Lawyers’ with the Independent Review Office (“IRO”), and these lawyers regularly practice in workers compensation matters.

The list can be found here: https://iro.nsw.gov.au/injured-persons/find-a-lawyer

ILARS also fund the cost of disbursements that are required to advance a claim. A disbursement is a cost to a third party, such as the fee charged by your doctors to provide your clinical notes or to obtain a report from your treating doctor.

Kerri Shaw and Gemma Bunner are both Approved Lawyers with the IRO and are able to apply from an ILARS Grant.

Coal Miners Compensation Scheme

If you have been injured in the coal mining industry, the costs’ structure is different. You would not have access to ILARS for funding, however if you actioned a claim and it was successful, your legal fees would be paid by the workers compensation insurer, generally Coal Mines Insurance.

The legal fees are paid by Coal Mines Insurance if your claim is successful and are paid at the conclusion of the claim.

If your claim is not successful, you do not pay your lawyer. They don’t get paid. You also do not have to pay the fees of Coal Mines Insurance if your claim is unsuccessful.

In unique circumstances, a Court could order you to pay the legal fees of the insurer in circumstances where your claim was frivolous, vexatious, or fraudulent. This provision exists to discourage people from bringing fraudulent claims.

Disbursements are also recovered from Coal Mines Insurance at the successful conclusion of the claim, including medical report fees, clinical note fees etc.

If you have had a work injury and need to speak to a lawyer, do not be afraid of legal costs. Know that you have access to free legal advice and can be informed about your entitlements.