Services

Diverse and unparalleled workers compensation industry experience.
WorkCover Claim Specialists.

Working for Business

Representing Employers against Compensation Claims

  • work injury, claims and return to work outcomes
  • protecting your company against employee claims
  • assisting your Human Resources, Injury Management and Return to Work Teams

If your business has received a WorkCover claim then you must call Rachel Cubela on 0452 248 276.

Working for Government

Government and Public Sector Project Consultancy

  • legislative and regulatory advice
  • technical writing
  • review of government, local council, regulator and insurer and agent decision making
  • Ministerial and executive briefing and stakeholder correspondence
    systems and strategy analysis
  • drafting and review of policy, processes and procedures, standard letters and correspondence, forms, website content, guidelines, guidance and information material.
Working for You

Workers Compensation Claims Management

  • Initial claim reviews
  • Post initial claim acceptance
  • Return to work
  • Ongoing claims management
  • Complaints, disputes and litigation.

Understanding the Process

Work Injury Insurance Costs
Generally, for employers with a payroll over a legislatively mandated minimum amount, workers compensation claims costs affect the amount of work injury insurance they have to pay.

This is not necessarily a one off hit either. Depending on the applicable legislation, claims costs can increase an employer’s worker injury insurance premium for years to come.

Even with the most compliant work health and safety systems and best practice injury prevention and employee health and wellbeing programs, work-related injuries and workers compensation claims can never be avoided altogether.

However, with efficient and effective injury, claims, disputes and litigation management, the adverse financial impacts to employers from workers compensation claims can be substantially reduced.

Accepted Claims
For accepted workers compensation claims, the key to reducing claim costs and adverse injured worker and employer impacts, is for all stakeholders to work together to assist an injured worker’s early, safe and sustainable return to work and health.

Efficient, effective and pro-active claims management is paramount to ensure any compensation, damages (money) and associated costs are paid correctly and appropriately and worker obligations enforced in accordance with the law.

Rejected Claims
Even with rejected claims, initial claims costs that can later impact employers and their work injury insurance if that rejection is overturned, can include treating health practitioner fees for reports and copy clinical records, independent medical examinations, circumstance investigations and surveillance.

If proceedings are issued, the insurer’s associated legal costs can be included as well, for example, law firm and counsel charges, court, investigation, independent medical examiner, treating health practitioner report fees, fees for record production to court and copying costs, court and witness fees, etc.

If the worker has a successful proceeding outcome, additionally, the worker’s reasonable legal costs and disbursements, any past or future compensation entitlements agreed by the insurer or ordered to be paid and, potentially, interest.

Claim Decisions
Generally, employers that meet their work injury insurance obligations are indemnified by their insurer in respect of their legal liability to pay compensation and damages (money) to their injured workers.

However, the trade-off is that the insurer makes all the decisions on the compensation claims of the employer’s injured workers. The insurer is also subrogated to all rights of action and recovery that an employer has in respect of any claim for compensation or damages or contribution made by an injured worker. This includes the insurer having the right to undertake settlement of claims and defend or conduct proceedings in the employer’s name.

These decisions by insurers – and those acting on their behalf – not only affect an injured worker. They can impact your business, work injury insurance, workforce and workplace.

Having a strong and effective voice in the workers compensation claim process is therefore vital to represent and protect an employer’s reputation and interests to the full extent of the law.

Featured in Best Lawyers

Rachel Cubela
Principal lawyer

Nominated by her peers in the 2020 edition of Best Lawyers in Australia® for recognition in the field of (OH&S) Occupational Health and Safety Law.

 

WorkCover Specialists

It’s All About How We Do
What We Do

Cubela & Co will work hard to assist you and your claims agent to make sound and sustainable decisions on your workers compensation claims to get the best outcomes for you and your injured workers.

Quality decision making is an art form. You need the right information to make the right determination at the right time. You need to be able to write in plain English and in an easy to read and comprehensive style. You need to assess, analyse and weigh up evidence and apply the civil standard of proof. You need to know the applicable legislation, case law, how to use and apply relevant policies and procedures and appropriately exercise and discharge your statutory functions and powers consistent with administrative law principles.

Let Cubela & Co’s experience, skills and knowledge in workers compensation law, claim strategy, decision making and decision writing work for you by making our high standards your high standards, reducing disputes and litigation and saving you increased work injury insurance costs.

Speak to us today about your employee compensation claims.
Call RACHEL CUBELA TODAY ON 0452 248 276.