Legal Advice and Resources
It would be beneficial for the worker to seek legal advice. Free and independent legal advice for injured workers is available through Worker Assist Tasmania. They can be contacted on 1300 027 747 or via their website.
In many cases, the worker’s trade union will recommend an appropriate lawyer and will give legal assistance by paying the worker’s legal costs.
Alternatively the worker can approach a lawyer themselves and that lawyer may accept the case on a ‘no win no fee’ basis. See the section on legal advice to ensure that you are consulting a lawyer who specialises in the area of personal injury law.
Costs and Legal Representation
An order for costs will be made against the unsuccessful party to any workers compensation proceedings. If a worker loses their action for workers compensation they will have to pay their employer’s legal costs.
A party to a proceeding before the Tribunal may, with the approval of the Tribunal, be represented by a person of the worker’s choice. The Tribunal will as a matter of course grant leave for a party to be legally represented.
Interest is not payable on compensation even if the worker is successful in their proceedings. Interest paid by a worker on any loans taken out to assist with living expenses while they are without weekly payments of compensation is not recoverable.
Workers who receive income support payments from Centrelink may have to repay some or all of the payments out of a successful or settled claim.
There are some excellent online resources available with information about Workers Compensation. The Aussie Legal website provides information, as does Safe Work Australia, Work Safe Tasmania, Workers Compensation Tasmania and Workplace Standards Tasmania.
Page last updated 01/12/2021