When you are injured in a workplace accident, you may be eligible for compensation under the workers compensation scheme, which used to be called WorkCover. If you are eligible, you can make a workers compensation claim against the insurer of your employer and receive workers compensation benefits.
What are the most common claims?
Some of the most common injuries that can be subject to a workers compensation claim claim include but not limited to:
| Psychological injury | Industrial deafness |
| Back injuries | Head & concussion injuries |
| Shoulder injuries | Brain injuries |
| Hip injuries | Nerve damages |
| Knee injuries | RSI injuries |
| Burn injuries | Eye injuries |
| Elbow injuries | Limb amputation |
I was injured in the course of employment - Can I make a claim?
Yes if you were injured in the course of employment, you could be entitled to make a workers compensation claim. You can be entitled to receive WorkCover compensation benefits if you are a worker who was injured out of or in the course of employment. Such injuries include disease and various workplace accidents.
What are my entitlements if I am injured at work?
You may be entitled to:
Weekly payments
You can receive weekly payments regardless of the level of your injury. The amount is calculated based on your pre-injury wage to cover your loss of earnings due to the injury.
Medical Expenses
You can also be reimbursed and covered for your medical expenses regardless of the level of your injury. It covers only reasonable and necessary medical treatments.
Lump sum payment
If your physical injury is assessed as being more than 10% whole person impairment, you may be entitled to make a lump sum claim to receive a lump sum payment. The threshold for psychological injury is 15% whole person impairment.
Domestic assistance
If your injuries are assessed as being at least15% whole person impairment, you might be entitled to receive domestic assistance.
Advanced lump sum payout
If your injuries arise from your employer’s negligence and the workplace injury you sustained is assessed as at least 15% whole person impairment, you may also be entitled to make a claim for work injury damages which would enable you to receive a payout by way of an advanced lump sum which would bring an end to your claim.
How are payments calculated?
As it’s mentioned above, workers compensation payments can be paid for multiple purposes. That’s why it can vary depending on how long you will be off work, your previous income, age, level of injuries, and medical expenses.
You can reach our workers compensation lawyers to calculate your approximate payments. During our free claim assessment, our lawyers will ask you certain questions to understand and advise you.
How can I make a workers compensation claim claim?
You can simply reach Withstand Lawyers to start your. Our experienced lawyers will help you with the steps below:
Step 1
We will identify all injuries and circumstances to make sure you understand your full entitlements and how to claim them.
Step 2
We will identify all injuries and circumstances to make sure you understand your full entitlements and how to claim them.
Step 3
We will negotiate with the other side to settle or resolve your claim for the best possible result whilst keeping you informed and updated.
How long do I have to make a claim?
Firstly, you need to notify your employer within 30 days of your injury. The time limit may vary according to the state that you are in, but in NSW, the time limit to submit the Work Injury Claim Form and Certificate of Capacity is 6 months, and the time limit to commence court proceedings is 3 years.
Can’t I make a claim after 3 years
You can make a claim in certain circumstances. If you suffered a long-term permanent impairment or one of your loved ones passed away, you may still make a WorkCover claim after 3 years with a reasonable cause.
Also, your time limit could start from the date that you discovered your injury or illness, depending on your injury and circumstances.
When is the best time to get workers compensation advice?
The sooner the better. There’s no harm in contacting an experienced workers compensation lawyerswhen injured. In the worst case, you can get completely free advice regarding your entitlements and the legal process.
Do I get full pay if injured at work?
Yes, you can get almost full pay (95% of preinjury income) for up to 13 weeks in NSW.
This rate decreases to 80%, unless you are working at least 15 hours per week. You may keep getting 80% of your preinjury income for up to 130 weeks, depending on your incapacity to work.
Can I make a claim after I resign?
Yes, regardless of being resigned or not, you can make a WorkCover claim within 6 months after you discover your injury. However, your potential resignation can change your entitlements; that’s why you can talk to our workers compensation lawyers to learn what you may get and lose before making your decision.
Can I be fired while on WorkCover?
It is illegal for an employer to terminate employment during the first 6 months after the injury, which is also called the protected period.
It’s also not legal for an employer to fire a worker after the protected period. Employers must
- Help to develop an injury management plan
- Comply with the obligations of that plan
- Provide suitable duties wherever reasonably practical
You can still be entitled to receive your full entitlements even if you are terminated by your employer. Reach our workers compensation lawyers for further information.
How long can you stay on WorkCover?
Technically, you can stay on workers compensation benefits one year after you reach the commonwealth retirement age; however, only injured workers in NSW with a permanent impairment of greater than 20% are entitled to receive WorkCover benefits until that age.
If your permanent impairment rate is below 20%, the weekly payments are limited to 5 years.
Why trust Withstand Lawyers?
We value your time and your trust. Our workers compensation lawyers have helped thousands of injured workers, will understand your claim and provide legal assistance on a No Win No Fee basis.
Our IRO-approved Lawyers do not require you to pay for any of our legal costs and disbursements for the entire duration of your compensation claim. Our costs and disbursements are covered by IRO.
Call us on 1800 952 901 or fill in the form for further information.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Work Cover Independent Review Office
• Member of the Law Society
