WorkCover compensation claim lawyers
Since 1 September 2015, the functions of WorkCover have been assumed by three different organisations: SafeWork NSW, icare and the State Insurance Regulatory Authority (SIRA). The function of WorkCover pertaining to workers compensation claims is now managed by SIRA. If you were injured in a workplace accident in New South Wales, you may be eligible for compensation under the NSW workers insurance scheme, which is mainly administered and regulated by SIRA. If you are eligible, you can make a compensation claim against the insurer of your employer.
What do WorkCover benefits include?
If you sustained injuries during the course of your employment, you may be entitled to various benefits under the NSW workers compensation scheme. These benefits were previously known as WorkCover benefits. For instance, you may be entitled to weekly payments based on your pre-injury wage to cover your loss of earnings due to the injury. You may also receive coverage for your expenses for reasonable and necessary medical treatment.
If your physical injury is assessed as being more than 10% whole person impairment, you may also be entitled to make a lump sum claim to receive a lump sum payment which is not a payout of your claim. It is a lump sum payment for your physical injuries being more than 10% whole person impairment. If you have sustained a psychological injury, the threshold to claim lump sum is 15% whole person impairment or more. Exempt workers physical injuries do not need to be assessed as being more than 10% whole person impairment to claim lump sum payment if they sustained 1% whole person impairment or more. However, exempt workers psychological injuries do need to be assessed as being 15% whole person impairment or more similar to non exempt workers. We do not recommend accepting a lump sum offer or payment from your insurer or employer without first consulting a lawyer for advice. Our Workcover lawyers will provide you with clear and easy to understand advice which will assist you in knowing your entitlements and how to claim them.
If the workplace injury you sustained is assessed as 15% whole person impairment or greater and resulted from your employer’s negligence, 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 do you make a WorkCover benefits claim?
You should notify your employer or the insurer about your injury as soon as possible by completing a work injury claim form and submitting it to your employer. You should also consult your general practitioner as soon as possible and request they complete a Certificate of Capacity which is a prescribed form that needs to be sent to your employer or their insurer. Your employer should then send the work injury claim form accompanying the certificate of capacity to its insurer within 48 hours.
Who is an exempt worker?
Exempt workers are police officers, paramedics and firefighters who can claim lump sum compensation if their work-related injuries are assessed at 1% whole person impairment or more. They are also eligible for compensation for pain and suffering if their injuries are assessed at 10% or greater.
Weekly payments for exempt workers paid under an award for the first 26 weeks are calculated based on their current wage at the time of the workplace injury. In comparison, weekly payments for other workers are awarded weekly benefits based on their pre-injury wage if they are eligible. After the first 26 weeks, exempt workers’ weekly payments may be reduced to a fixed rate or 90% of their pre-injury wage.
Work injury damages claims
You can make a claim for work injury damages if you sustained injuries in the course of employment, injuries are determined at 15% or more whole person impairment and you claim negligence. A work injury damages claim is beneficial in circumstances whereby you are in a better position to receive a lump sum in advanced instead of remaining on statutory benefits with the insurer for either a period of time or on an ongoing basis, depending on your circumstances.
Frequently Asked Questions
No win no fee WorkCover lawyers
Our WorkCover Lawyers are IRO approved which means you will not be liable to pay for any our legal costs and disbursements for the entire duration of your workers compensation claim. We do not take any costs or disbursements from your WorkCover claim. Our costs and disbursements are covered by IRO. Call us on 1800 952 898 or fill in the form for further information.
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