The Agent must pay reasonable costs incurred by the worker to obtain financial and legal advice. This must be done regardless of whether the worker applies for, is offered or accepts a settlement A lump sum payment that replaces an injured worker's right to ongoing weekly compensation..
If the worker has lodged an EOI Expression of Interest and received a written response from the Agent before receiving the advice, then up to:
- $400 (including GST Goods and Services Tax) will be reimbursed as a reasonable cost for legal advice
- $495 (including GST) will be reimbursed as a reasonable cost for financial advice.
Accounts for financial and legal advice must be billed to the worker. The worker can seek payment or reimbursement from the Agent by completing the Request Form for the Payment/Reimbursement of Financial/Legal Costs which can be downloaded from the WorkSafe website.
An Agent can request a copy of the advice given to the worker to establish reasonable costs for the advice.
Adjusted settlement amounts
If, at any time before the settlement amount is paid, the settlement amount does not comply with the legislation, it must be adjusted by the Agent as soon as practicable. If the settlement amount is adjusted more or less than 5% (or $5000) than the previous settlement amount, the worker is required to obtain further legal and financial advice on the adjusted settlement amount.
The Agent can authorise the reasonable costs of medical reports provided to the worker’s financial and legal advisers to ascertain the worker’s life expectancy and mental competency.
Workers who require the services of an interpreter to obtain financial and legal advice can use providers approved by WorkSafe.