Special Counsel
Shamini Patel
Shamini is a recognised WA workers’ compensation specialist. She provides strategic advice to insurers, government departments and employers regarding liability, third-party recovery, quantum and claims management.
She is skilled in providing advice and strategy recommendations in the management of claims, representing insurers and employers at the District Court, representing insurers and employers in conciliation conferences and arbitration proceedings in the dispute resolution directorate WorkCover WA, advising and conducting settlement conferences to reach negotiated outcomes, as well as conducting negotiations through correspondence.
Shamini is particularly experienced at dealing with psychological injury claims. With prior experience on the plaintiff side, she has useful insights from both perspectives that she regularly draws upon in her everyday practice. She also has extensive experience assisting employers with reviewing entitlements to compensation pursuant to the Workers Compensation and Injury Management Act 2023 (WA).
Shamini attends District Court pre-trial conferences with significant experience in negotiating settlements and entering into discussions with opposing parties, and engaging in discussions before a Registrar. Shamini attends informal settlement conferences, including informal (without prejudice) negotiations undertaken at WorkCover WA in the context of WorkCover proceedings.
She keeps calm in all situations, providing clients with well thought-out and strategic guidance. She engages tactfully with opponents to achieve the desired outcome.
At the beginning of her career, Shamini spent four years on the plaintiff side of personal injury, working for firms including Separovic Injury Lawyers and Shine Lawyers. Prior to HBA, she worked in the workers’ compensation team at Sparke Helmore.
Shamini graduated from Murdoch University in 2009 with a Bachelor of Laws and Bachelor of Commerce in Management. She was admitted to the Supreme Court of Western Australia in December 2011.
Personal Awards/ Accreditations
Shamini’s litigation experience includes:
- Acting for a government agency where a worker had been verbally abused and threatened by a resident, resulting in significant psychological injuries and impairment. The system of work was examined in detail to assist with defending the negligence claim.
- Acting for an employer where an employee claimed to have suffered psychological injuries in the context of seeing their job advertised, while they were on extended leave from work due to significant other personal stressors. Questions of causation arose.
- Acting for an employer where a worker sustained significant burns while working at a school in the shed. Factual investigations were required to assess the system of work and safety precautions.
- Acting for an employer where a worker slipped and fell on steps in the course of their employment. Factual investigations were required to assess safety and negligence claims, and significant medical evidence was considered in the context of the worker’s pre-existing conditions.
- Acting for an employer where a worker claimed to have suffered an aggravation and acceleration of his pre-existing asthma, as a result of being exposed to tear gas during riot training. The claim was made eight years after the alleged work incident and medical investigations were assessed to ascertain whether exposure to tear gas would accelerate asthma.
- Acting for a government agency whose employee claimed that she had been sexually assaulted while on an R & R break from her usual workplace and while staying at an employer-owned residence in a nearby town. Questions arose as to whether the injury occurred in the course of the worker’s employment.
- Acting for a government agency where an employee claimed to have suffered an allergic reaction and respiratory conditions due to dust from a collapsed office ceiling. Questions of causation arose.
Why clients like her
Shamini’s areas of expertise
Workers’ Compensation (state)
The HBA team that specialises in state-based workers’ compensation schemes has been known and trusted by self-insureds, government agencies and insurers for…
