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State Compensation

Workers’ compensation. Dust and diseases.

 
In the ever-changing world of workers’ compensation, we represent the interests of employers, insurers, self-insurers and specialised insurers under State and Commonwealth schemes.
 
In state cases, clients ask us to assist with impairment applications, serious injury applications, compensation claims, common law claims and recoveries. We also conduct risk analysis and advise on resolution tactics, the design and implementation of claims systems, tail management strategies, audits and reviews of reserves. For licensees, and those looking to become self-insured, we advise on transitioning from state-based to federal schemes or to self-insurance.
 
Regulatory activity regarding compliance with return to work and employment obligations is increasing. We offer strategic advice in relation to the investigation of possible offences and we act in defence of prosecutions.
 
In many jurisdictions, dust disease claims have specific provisions regarding limitation periods and damages. The value of these damages claims also continues to increase, with malignant claims now routinely involving damages awards of more than $500,000.
 
Because litigation conducted in the Dust Diseases Tribunal is highly specialised, involving complex, medical and legal questions, we have dedicated state-based teams with expertise in dust disease related claims and policy nuances in every Australian jurisdiction.
 
Our Dust Diseases practice has defended claims throughout Australia arising from exposure to asbestos and other toxic substances, including welding fumes, coal dust, aluminium particles, hard metal dusts and fumes, silica, latex and wood dust. This includes cases for some of Australia’s largest self-insured corporations, giving us experience in Supreme and District Courts of QLD and WA, the District Court of SA, the Supreme Court of Victoria and the Supreme Court of NT.
 
We also advise specialised and general insurers on dust diseases and other toxic torts on behalf of defendant companies.
 
Mindful that some litigation attracts significant media attention, we protect our clients’ public image in the way we conduct and manage the litigation—and offer high level board advice and media liaison where required.
 
Clients value our discretion, experience and deep knowledge in this challenging area.

 

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Winner, Australasian Law Awards, Insurance Specialist Firm of the Year 2018, 2017 & 2016

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Workers' compensation guides

Sparke Helmore’s Statutory Lines Insurance team is pleased to provide a range of workers’ compensation guides for each Australian jurisdiction.

Initiative - Hand book - 25pxClick here to access the individual guides