Workers compensation, formerly known WorkCover, is a form of insurance to support injured employees when they are injured or become ill in the course of employment. 1 out of 5 employees are casual workers and they have the highest work-related injury rates in Australia according to Safe Work Australia.
Are casual employees entitled to workers compensation?
Yes, all casual employees who suffered and injury are entitled to workers compensation benefits regardless of where they were injured in NSW. The benefits would primarily include weekly benefit payments for loss of earnings, medical expenses, lump-sum payments such as work injury common law damages payout, and return to work assistance.
What are casual workers compensation entitlements?
Weekly payment based on your pre-injury wages
Reasonable and necessary healthcare expenses due to your injuries
For injuries are greater than 14% whole person impairment
For physical injuries assessed at being greater than 10%; psychological injuries at being greater than 14% permanent impairment.
In order to receive compensation by way of a lump sum, your physical injuries need to meet at least 11% whole person impairment. The threshold is 15% if you have primary psychological injuries, you are not entitled to receive permanent impairment compensation for secondary psychological injuries.
For injuries are greater than 14% whole person impairment and resulted from the employer’s negligence.
If your injuries are assessed at 15% whole person impairment or greater and the injuries were as a result of your employers’ negligence, you may be able to make a work injury damages claim. A work injury damages claim allows for you to claim your future loss of earnings until the age of retirement by way of a lump sum payment. That means that the insurer would essentially pay an advanced amount based on your capacity to work and your pre-accident wages until the age of retirement. Sometimes it may not be the best decision to settle a work injury damages claim because your medical expenses would no longer be covered by the insurance company.
How can I make a workers compensation claim as a casual employee?
Contact your employer and report that you suffered an injury due to a workplace accident, and complete and submit a Workers injury claim form. See your GP (General Practitioner) and complete a Work Cover Medical Certificate in support of that Workers injury claim form.
How is the workers compensation settlement amount calculated?
Workers compensation settlement amounts are calculated based on various factors such as your age, level of your injury, time off work, and so on. Our experienced workers compensation lawyers can give you estimated compensation benefits once they understand your claim.
According to the Australian Bureau of Statistics, the most common workplace injuries include lifting, pulling, bending, being hit, slipping & falling, and repetitive movement.
Workers compensation claims generally take about one and half years, but the duration depends on the injured person’s recovery period.
At Withstand Lawyers, you don’t need to pay anything to make a claim. Our workers compensation lawyers are approved by the Independent Review Office (IRO) which means that you are not liable to pay for any legal costs and disbursements as they will be covered by IRO.
The answer is as soon as possible. Also, the time limit to submit your work injury claim form is 6 months from the date of the injury however there are exceptions depending on the circumstances. Please contact us for legal advice.
Exempt workers include police officers, paramedics and firefighters who are certain classes of workers who are not covered by most of the provisions of the workers compensation acts in New South Wales and are thus subject to a different practice in terms of workers compensation. Click here to learn more about exempt workers.
Why Withstand Lawyers for workers compensation claims?
Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on a No Win No Fee basis. You can meet our team in Sydney, Parramatta, Penrith, Newcastle, Wollongong, and other suburbs in NSW. Call us on 1800 952 898 or fill in the contact form below for further information.