My name is Brett Owen & I am the founder and Principal Lawyer here at Anvil Legal.
To give you an idea of why we focus on workers’ compensation claims here at Anvil Legal it’s probably best to give you a bit of an idea as to my background (I have also been hassled by my IT guys for months so…).
I left school at 15 and spent a couple of years cleaning toilets, washing dishes, and shovelling dirt, by the time I turned 18 I knew that I didn’t really want to do that for my whole life so I went and got a B class license and managed to get a job in a small mine in the Midwest.
I had to start at the bottom and was on a jackhammer busting rocks for a year or so before I got some training on earth-moving machinery and then I got my Shot firer’s Ticket and moved into drill and blast.
I spent nearly 20 years doing that type of work to pay the bills before a cement mixer landed on me while I was on the job injuring my back, as a lot of my current clients do I pushed on through the pain for a month or so but one morning I just couldn’t stand up as I was in agony and after I saw my GP it was clear I had to make a workers comp claim. I spent about three years dealing with not being able to work, insurers, rehabilitation providers, and lawyers until my claim was eventually closed, but I still have that injury.
I didn’t have any education or other skills I could fall back on and was in a pretty bad place for a time, but thanks to my family, friends, and my GP I got through it. I managed to do a bit of study, was accepted into University, where I spent 4 years dragging my case on wheels up and down the ramps between classes because stairs were still a hassle.
I obtained a Law Degree and was lucky to get a job with the LHMU, one of the biggest unions in the state, where I did my Articles of Clerkship and then I was admitted to practice as a lawyer at 42 years of age. After working for a couple of firms in Perth and a few years later on down the road Anvil Legal was opened in June 2012.
We have helped many injured workers in the time we have been open, our clients like that we don’t speak legalese, they like that we don’t push them to settle their claim, that we are willing to fight for their rights and they absolutely love that we do not charge them a percentage of their settlement monies when they decide to settle their claim.
What Does Anvil Mean?
For those of you who don’t know what an anvil is, it’s something you put stuff on when you want to hit it! Wile E Coyote used them to try and catch road runners, with little effect, but people have been using them through all of history, from plain rocks to the metal anvils of blacksmiths, with great effect.
We like to think of our practice as an Anvil for the injured worker. Something solid and reliable, durable and capable of withstanding heavy hits without faltering, something that remains stable and true job after job.
Our Policy
Our Goal at Anvil Legal is to make your worker’s compensation claim go as smoothly as possible. We believe a committed relationship with a legal firm that understands your individual circumstances, and that you believe has your best interest at heart, will ease any stress caused by having to deal with some employers and workers compensation insurers.
We strive to build a relationship with clients knowing they will be given straightforward, sometimes hard to hear, legal advice because they know it is intended to protect their best interests.
The Costs of legal action can put off most people especially when your wages have been reduced because of an injury. At Anvil Legal we try to keep any cost to you to a minimum which is why we offer our No Win No Fee Solution* to most clients with a workers compensation or common law claim.
Our Commitment is to provide solid, dependable, and cost-effective legal services in a straightforward and no-nonsense manner and we will do it using plain English instead of the legalese you may have been exposed to in the past.
Our Availability is generally during business hours, however, as you can see from our site we offer many different ways to contact us so that you can talk to a lawyer free of charge to discuss your work injury. You can arrange an appointment, request a callback, email us online and our phone number is always easily at hand.
We try and keep up with technology so our website is optimized for all types of devices giving you the ability to contact us at any time if you have any questions or want to discuss your matter.
Give It A Go, whether you are on a PC, tablet, or mobile phone you can request a FREE Appointment Here Now
Criminal Injuries Compensation Claims
You may be able to make a claim for compensation under the Criminal Injuries Compensation Act 2003 (the Act) if you have been the victim of an offence (or an alleged offence) and were injured and/or experienced a financial loss because of the injury or you are a close relative to a person killed as a result of an offence and you suffer loss.
What is the Criminal Injuries Compensation Scheme (CICA) all about?
The Western Australian Government’s Criminal Injuries Compensation Scheme (CICA) is designed to compensate victims of crime who have suffered an injury or loss as a result of an offence or alleged offence in WA. The Office of Criminal Injuries Compensation oversees applications for compensation under the Act.
Please note that Anvil Legal can only help you if you have been injured at work in some way.
Am I Eligible To Make A Criminal Compensation Claim?
If you have been the victim of a crime, whilst at work or otherwise, and you were injured you may be entitled to make a Criminal Injuries Compensation claim, however, if you have been the victim of a crime while at work you should follow the procedure following a work injury, and report the matter to the police, first.
The reason for this is that you should be covered by workers’ compensation insurance and if your claim is accepted you will get any weekly payments and medical expenses you are entitled to in a relatively short period of time, unlike criminal injuries compensation.
What Compensation Can I Get?
You may be entitled to claim for pain and suffering, loss of enjoyment of life, travel, the loss of personal items such as clothing and compensation for medical expenses and loss of income.
What is the Maximum Amount Of Compensation?
The maximum amount of compensation payable to victims of an offence after January 2004 is $75,000, however, the amount you can receive will depend on your injuries and any losses you have suffered.
You generally have three years from the date of the offence to make an application for criminal compensation and you normally wouldn’t make it earlier unless you have recovered as much as possible.
Do I Need To Speak to a Criminal Compensation Lawyer?
Yes if this did not come about through work duties. The Criminal Injuries Compensation Department of the Attorney General has plenty of information and you are able to call them and they might help you through it all.
Should I Use A Criminal Compensation Lawyer?
Although you can make an application for criminal compensation yourself, why would you? The risk of getting it wrong and not receiving the compensation you deserve could have a significant impact on your family and finances.
Besides, if we believe you have a valid claim, and it would be in your best interests if we could assist you, we can offer our No Win No Fee Solution*.
To find out whether you are eligible for our No Win No Fee Solution* for criminal compensation claims you can call our office on (08) 6143 5200 or make a FREE Appointment Online Here.
Wills
We have had clients tell us that they have never had a will before as they did not think that they needed one because they were too young, were very healthy and besides who wants to tempt fate?
While it is true that the process of drafting a valid will may cause you to think about your mortality and therefore make the experience less than comfortable, however, this slight discomfort that you might experience now is nothing compared to how your family and friends will feel if you sadly pass away without one.
Why Do You Need A Will?
If you die without a valid will it will be necessary to make an application to the court and to have the court determine who should get your assets and in what proportion.
The Inheritance Act (CHANGE) sets out who can make an application to the courts and it also goes into some detail as to what percentage a particular class of person should be entitled too.
As you can imagine this opens up a whole raft of issues if you left a partner and children and the delay in trying to sort out your estate will impact heavily on their lives whilst they are still grieving the loss of a loved one.
Is It Expensive To Have A Will Drawn Up By A Lawyer?
Yes and No. Having a non-complex (standard) will be drafted can be relatively cheap (as little as $250.00) and we will always ensure your estate goes where you want it as best we can.
You can rest assured that your will is set out in such a way as to be valid and that we will make sure that it has been properly signed and witnessed.
Occasionally we are asked to draft up a complex will that requires a good understanding of the applicable laws and a thorough examination of your asset structures as well as knowledge of the taxation consequences that can impact a beneficiaries share of your estate.
Can I Just Create an Online Will?
While yes, there are options available for online wills, you need to ensure they comply with all of the necessary federal and state laws.
You must also be extremely careful that you use all of the correct wording to specify your wishes, otherwise, that small amount of money that you saved could cost your family unnecessary time, money and stress after you pass.
Additionally, with an expert will lawyer, you will receive support and advice tailored to your particular situation that may not be available from online will companies.
What is a Testamentary Trust?
A testamentary trust is a trust that is created as part of a last will and testament and provides for the distribution of an estate into a trust when the person who created the trust passes away.
What Power Does the Executor of a Will Have?
An executor of a will is the person named in a will to carry out a person’s wishes after they pass away. They arrange for the deceased’s assets to be collected, debts to be paid and property to be distributed according to the deceased’s will.
Why Anvil Legal?
Anvil Legal has extensive experience in the preparation of both simple and complex wills, as well as all relevant Western Australian and Australian legislation. If you’re looking to make a will, please give us a call or fill out our obligation-free enquiry form today to arrange an appointment with our Principal Lawyer.
Common Law Claims – Workers Compensation
A workers compensation common law claim is a court action against a negligent employer which can be commenced separately (although it is linked as you will see) from a workers compensation claim in certain circumstances.
Under the Workers Compensation Act an injured worker who is entitled to workers compensation can only lodge a common law claim in the Courts against their employer for that injury if they meet the following criteria:
Limitation Period Date
The ‘Limitation Period Date’ (LPD) is different for each injured worker but is generally three (3) years from the date of injury:
What If The Negligent Party Was Not My Employer?
The process set out above does not apply, if the negligent party causing your injuries was not your employer, except that you still need to start an action within three (3) years from the date of the injury, although you should start the process much earlier.
How Do I Protect My Common Law Rights?
The only way you can protect your worker’s compensation common law rights against your employer is to have an assessment by an approved medical specialist. It is not possible to guess if you will reach the required threshold, as far as the whole person impairment percentage goes, that is the role of the specialists.
You do need to have a bit of common sense when thinking about getting a whole person impairment assessment as it would be extremely unlikely you would be assessed as having a 15% WPI for a paper cut that has completely healed, but if that cut led to other significant problems that might be another story.
If you want to do all you can to protect your worker’s compensation common law rights you should not put off speaking to us immediately as once your LPD has gone you can never make a workers compensation common law claim against your employer even if you were severely injured in a clearly negligent act.
The Workers Comp Act limits your ability to start a claim in many ways and you should speak to us immediately by calling us on 08 6143 5200 if you are unsure of what it is all about but want to protect your common law rights.
We are offering you a free Appointment so we can explain it to you in detail and answer any questions you might have.
A common law claim may give you access to full compensation, however, even if it turns out you are able to make a claim you need to examine all the circumstances leading to your injury with a critical legal eye to establish your chances of success at court. Besides, you will have to be informed fully as to the costs of running a claim and the complications that can arise.
What Happens When You Elect to Make a Common Law Claim?
At Least 15% And Less Than 25% Whole Person Impairment
If you have been assessed as having a Whole Person Impairment of at least 15% but less than 25% the following applies after you make the election to pursue a common law claim:
Whole Person Impairment Of 25%, or Higher
If you have been assessed as having a Whole Person Impairment of at least 25% weekly payments and statutory expenses continue as it would have if you hadn’t made the election and damages are not capped.
If you want to know how your claim will be affected by an election to pursue a common law claim you can call us on 08 6143 5200 and we will be happy to run through it with you free of charge.
What Happens Next?
Once the election notice has been filed with WorkCover you will need to make an application to the Courts to commence an action in negligence which must also be before the LPD expires.
BE AWARE If You Are Planning On Doing It Yourself
An action of this type is complex and requires an intimate knowledge of the court documents and procedures as well as a complete understanding of the law to give you the best chance of success.
If you try to do it alone you will be facing expert opponents who are well versed in defending actions of this type and they will not hesitate to use that skill to try and defeat you.
What Is Needed To Succeed With A Common Law Claim?
Duty of Care
Generally to succeed in a claim for negligence the injured worker needs to show that the employer, or any other negligent party, who they believe caused or contributed to the injury:
A simple definition of the term ‘duty of care’ – all reasonable care must be taken whilst performing an act that could foreseeably harm others.
An employer normally owes a duty of care to an employee both in common law and due to the operation of Acts like the Occupational Safety and Health Act 1984 and the Occupiers Liability Act 1985.
Negligence of the employee does not automatically bar a common law claim as all aspects of the claim need a thorough investigation before that can be determined.
To succeed at trial you need to have the judge find that you have at least a 15% whole person impairment and the employers negligent actions contributed to your injury and loss.
What Can You Claim For In A Common-Law Action?
The process of working out what monetary figure can be claimed in a common-law action is generally undertaken at the beginning of the process and then made formally in a document entitled Particulars of Damage.
While it is a necessary part of any action it can be difficult to establish a figure until all the relevant information is at hand, including (but certainly not limited to) medical reports, witness statements, costs of past and future medical treatment, gratuitous services calculations and the calculation of both past and future superannuation contributions.
The types of damages that can be sought include:
What Are The Costs Of Making A Common Law Claim?
This type of action can be lengthy and complex requiring witnesses such as medical experts and lay witnesses as well as a lot of work investigating and preparing the application.
You can expect to incur costs such as:
The employer/insurer will expect to be repaid any workers compensation payments made during the worker’s compensation period out of any judgment sum. Generally, if a matter settles this is taken into account during the negotiations.
You can generally expect to have your legal fees and associated expenses (court fees, specialist report costs etc) paid by the defendant if you are successful in a court action, but sometimes not all.
If your claim does not succeed you can expect the defendants to ask that you pay the costs of their defence.
The vast majority of claims do not go to trial for a wide range of reasons, however, the work still needs to be done just in case.
We believe that the inability to afford a lawyer can cause stress and place an unnecessary strain on your family relationships when you should be focusing on recovery.
A workplace injury can have a devastating effect on your finances which might affect your ability to pay legal fees, therefore Anvil Legal offers our No Win No Fee Solution* to eligible clients.
