Compensation
For good reason, Sparke Helmore has been chosen by insurers and employers to provide workers compensation services since 1911. We are the largest nationally integrated legal provider in this space in Australia and unlike many other firms we have a strategic long term commitment to the growth and development of our national workers compensation practice.
Sparke Helmore has a unique depth of national expertise across a range of personal injury schemes and we offer clients the benefit of our thorough understanding of the key workers compensation schemes at State and Federal levels, providing clients with a multi-dimensional view of the various schemes.
We act for self-insured corporations including blue chip companies, resources and mining companies and national retailers. We thoroughly understand the legal needs and issues facing self-insurers.
We act for Australia's largest insurers, including Allianz, Suncorp/GIO, IAG/NRMA and QBE Insurance as well as specialist insurer Coal Mines Insurance. Our clients operate in a range of capacities and include underwriters, re-insurers and claims managers.
Clear understanding of government regimes
We have longstanding experience in the Commonwealth compensation area which includes matters under the legislation in force prior to the Safety, Rehabilitation and Compensation Act and under the parallel seafarers' legislation.
Our dedicated national team provides strategic legal advice to government departments, agencies, insurers and corporations throughout Australia. Sparke Helmore has a strong understanding of the public sector environment.
Our knowledge of the Commonwealth's operating environment makes us sensitive towards the requirements and duties of our clients who need to comply with the Legal Services Directions and to act as model litigants.
Strategies for the best possible outcomes
We fully explore settlement and claims resolution options at all stages of claims and endeavour to reach cost-effective, optimal settlement at the earliest possible time. Our lawyers are skilled negotiators who, working together with clients, achieve excellent results.
In addition to representing clients in litigation we work with them to develop strategies to minimise the incidence of claims and the number of claims that proceed to dispute, limiting clients' liability.
We complement our compensation services with specialist expertise in OHS and workplace relations, ensuring that we provide comprehensive advice to clients addressing all workplace issues.
Services
- Litigation, negotiation and settlement strategies
- Strategic claims management
- Licensing, regulatory and compliance
- Design and implementation of claims systems
- Strategic audits and reviews covering risk analyses and suitability of reserves
- Pursuit of third party recoveries
The table below summarises the core services offered by our workers compensation team:
| Litigation |
Compensation |
Common law |
Catastrophic claims |
Industrial diseases |
| Strategic Claims |
Tail management |
Auditing & identifying files for review/ settlement |
Assessing claims procedures & designing claims manuals |
Acting as claims manager for overseas clients |
| Licensing Policy & Compliance |
Advising on regulatory and practical implications of transitioning from state-based to federal schemes or to self-insurance |
Advising on regulatory and compliance requirements to enable entry into the relevant scheme |
Addressing issues arising from transition, including tail management and implementing new claims procedures |
| Training |
Tailored training programs |
Seminars |
Legal updates |
| Strategic Workplace |
Mitigating risks associated with restructure |
Managing injured workers through rehabilitation or outplacement to achieve optimum outcomes |
| Recoveries |
Strategic projects to identify and pursue recoveries against joint tortfeasors and contracting parties |
| Knowledge Management |
Designing and maintaining client specific databases to facilitate information sharing, support litigation and reduce duplication and cost |
Track record
In the workers compensation arena we act for national and international insurers, self-insurers, underwriters, brokers and underwriting agencies as well as government instrumentalities and statutory authorities.
- Cost effective innovative services that respond to our clients' requirements.
- Settlement options at all stages of claims to resolve matters quickly and cost effectively.
- Strategies to minimise the incidence of claims and the number of claims that proceed to dispute to limit liability.
- Standard model defence strategies for workers compensation litigation.
- Advice on the regulatory and practical implications of transitioning from State-based to Federal schemes or to self insurance. We advise on regulatory and compliance requirements to enable entry into the relevant scheme and on licensing, regulatory and compliance issues for existing licensees under the SRC Act.
- We have redesigned recovery function and procedures of our clients to ensure more comprehensive, focussed and cost-effective recoveries.
- We were instrumental in having efficient voluntary conciliation introduced into the Administration Appeals Tribunal and we regularly provide comment and submissions on proposed initiatives and documents such as practice directions produced by the AAT.
- Prepared the Australian and New Zealand Institute of Insurance and Finance (ANZIIF) workers' compensation training packages.
Useful links
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