Workers Compensation
Hicksons is pre-eminent in workers compensation law.
We have represented numerous private and public sector clients, insurers and self-insureds for more than 40 years.
During this period, we have acted for clients in virtually all types of claims, building a reputation that is recognised for the uncompromising quality of our service.
We currently defend more than 600 claims each year, with a settlement rate of more than 90%. This statistic reflects our sensitive and strategic management of cases to achieve desired outcomes.
Our team’s no-nonsense approach is to provide effective transactional legal services that minimise the costs of claims. Our experience covers a wide range of workplace injuries including major and minor orthopaedic, neurological and strain injuries, brain damage, catastrophic multi-injuries, exposure to hazardous substances, psychological injury, stress claims and workplace deaths.
We also provide strategic workers compensation advisory services, including advising on risk management strategies, policy development and statutory interpretation.
Partner Stewart Cameron leads our Workers Compensation practice group. Together with Partners Kathy Ireland, Glenn Capel and Greg McDonald, they manage the workers compensation team and provide advice on all aspects of workers compensation including indemnity, liability, dispute resolution, advocacy and training.
Providing the full range of workers compensation services
Hicksons workers compensation expertise includes advice to clients on:
- managing and resolving claims
- recovery and contribution
- statutory interpretation relating to injuries in the workplace
- indemnity issues
- correct calculation and application of benefits under Section 40, including analysis of Sections 42 and 43 Workers Compensation Act 1987
- application of provisions relating to principal contractor under Section 175B of the Workers Compensation Act 1987
- regular reviews based on recent judicial and legislative developments impacting our clients’ workers compensation business
- statutory interpretation of joint venture labour hire / letting arrangements including drafting deeds of agreement between respective parties incorporating liability for workers compensation claims
- application of provisions relating to work injury damages under the various legislative amendments, and
- extensive advice, preparation and facilitation of training modules on all aspects of workers compensation legislation and issues.
Successful outcomes
Recent successful outcomes include:
- acting for a scheme agent against an insured company and its directors who were involved in fraudulent declaration of wages and industry information in relation to a claim
- advising an insurer on a claim for house modifications relating to a worker rendered paraplegic in a work accident. In this matter, the insurer secured a favourable outcome
- defending insurers’ decisions to suspend further weekly compensation benefits to injured workers pursuant to Section 57 Workplace Injury Management and Workers Compensation Act 1998
- defending an insurer’s decision to decline further liability pursuant to Section 52A Workers Compensation Act 1987
- obtaining orders for payment of our costs against applicant solicitors under Section 344 Workplace Injury Management and Workers Compensation Act 1998 on three occasions within the past 12 months
- successfully maintaining a Section 261 limitation defence in a stress claim
- maintaining insurer decisions to reduce weekly benefits pursuant to Section 40 Workers Compensation Act 1987 on determinations by arbitrators
- assessing the application of the sporting injuries legislation in workers compensation and liability matters, and
- conducting challenges to injured workers’ claims for treatment expenses pursuant to Section 60 Workers Compensation Act 1987 involving novel procedures, including autologous cartilage implantation procedures and disc replacement surgery.
Partnering
We have an extensive track record of working in close consultation with our clients to assist insurers in successfully managing their workers compensation business. This involves participating in strategic planning with clients, undertaking free reviews and pilots, and designing and implementing reporting procedures.
Testimonials
Hicksons have consistently provided quality advice on a range of workers compensation issues, from defending contested claims to injury management disputes and Section 52A discontinuance matters. Hicksons staff are always available to discuss any matters required, from off the cuff questions relating to difficult claims that they are not instructed in, to discussing their advices at length.
Margaret Kaye, Manager Workers Compensation, State Transit Authority of NSW
Hicksons have successfully defended a number of StateCover matters and brought about a successful conclusion to a great many more. In addition to providing us with traditional workers compensation legal services, Hicksons have also provided specific advice on specialised insurer issues, assisted with client business issues and provided advice on employment and industrial issues.
All Hicksons staff are extremely easy to talk to, have a solid grasp of the real insurance issues facing employers and insurers and regularly think outside the square.
I have no hesitation recommending Hicksons Lawyers to any employer or insurer.
Peter Callaghan, Injury Services Manager, StateCover Mutual Limited
Hicksons consistently prove themselves to be technically expert across all issues relating to workers compensation, routinely achieving superior outcomes for their customers. This applies for private sector employers, as well as the NSW Treasury Managed Fund (Government Agencies), and other self-insured clients.
The enduring quality that defines Hicksons for me is their ability to form strategic partnerships with their customers. The customer focus of the staff and partners of Hicksons remains at the forefront of their business dealings on a daily basis. They have proven themselves an agile business partner in adjusting their own business model to the changing drivers affecting the legal and insurance sectors.
Rob Peseta, Manager, NSW Corporate Branch, QBE Workers Compensation
Hicksons have always impressed me with the availability and consistency of the experience of their senior practitioners and Partners who specialise in these areas. In this regard I have found their knowledge to be second to none. Their knowledge is further enhanced by their ability to maintain responsible commercial acumen when providing advice.
Many firms profess to understand a Client's needs, however I have found Hicksons to excel in this area. They have made significant efforts to understand the complex and various business drivers affecting GIO and will regularly provide unprompted initiatives with suggestions as to ways they can add value to improve our bottom line performance. By doing so they display a clear alignment to a client's long term objectives and a desire to genuinely help their clients succeed.
Robert Wallace, Leader - Specialised Claims, NSW Corporate Claims, GIO Workers Compensation
I have always been confident that highly qualified members of the Hicksons team actually do the work referred to their firm. I cannot over emphasise the criticality of this feature of the product they deliver.
Sam Bashford, Contract and Claims Operations Manager, Statutory Classes, QBE Workers Compensation