Workers Compensation Lawyers
Injured at work? You deserve compensation for your work-related injury or illness.
What is workers compensation?
Workers' compensation is a form of insurance payment to you (the employee) if you are injured at or in the course of work or become ill due to your work. Workplace bullying and harassment are also considered as illness. In New South Wales, every employee is covered under the Worker's Compensation Scheme.
It covers medical expenses, lost wages, and rehabilitation costs. In NSW, most employers are required by law to have workers compensation insurance.
Our workers compensation lawyers can help you understand your entitlements and guide you through the claims process.
No Upfront Costs
No Win No Fee
99% Success Rate
Maximum Lump Sum Payout
Is workers compensation compulsory in NSW?
It is compulsory in New South Wales (NSW) that all employers have workers compensation insurance for employees in their workplace.
Am I eligible for workers compensation?
You may be eligible for workers compensation in NSW if:
- You are an employee (full-time, part-time or casual)
- You have suffered an injury or illness that is related to your work
- Your injury or illness was caused by or aggravated by your employment
This includes both physical injuries from workplace accidents and psychological injuries such as stress, anxiety and PTSD caused by workplace conditions.
Who pays for workers compensation?
Workers compensation is funded by the employer through their workers compensation insurance. Employees are not required to pay for workers compensation insurance in NSW.
Each employer is required to hold a workers compensation insurance policy with an authorised insurer.
What benefits can I receive if I make a workers compensation claim?
Weekly payments
Income replacement while you are unable to work due to your injury. Payments are based on your pre-injury average weekly earnings.
Medical expenses
Hospital, treatment, surgery, medication and rehabilitation costs are covered under your claim.
Rehabilitation
Vocational and physical rehabilitation to help you return to work, including retraining costs.
Lump sum compensation
Permanent impairment payments for lasting injuries or disabilities assessed at 11% or more whole person impairment.
Domestic assistance
Help with household tasks you can no longer perform due to your injury.
Work injury damages
Common law damages where employer negligence caused the injury and your impairment is 15% or greater.
How to make a workers compensation claim in NSW
If you have suffered an injury or illness at or in the course of work, you can make a workers compensation claim by:
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1Report your injury or illness to your employer as soon as possible. It is recommended to do so within 48 hours of the incident.
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2See a doctor and seek medical treatment. You will also need to obtain a certificate of capacity to be completed by your doctor.
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3Lodge a claim with your employer's insurer. Your employer will need to provide you with the relevant forms.
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4Contact our team of workers compensation lawyers to seek advice about your injury and compensation entitlements.
Workers compensation payouts
Your payments are calculated based on various factors, such as:
- Your age and the age of retirement
- The severity and complexity of your injury or illness
- Your working conditions, including supervision provided and the level of training you received
- Your prospects of rehabilitation
- Whether your injury occurred as a result of your employer's negligence
If your permanent injury is assessed as being greater than 10% for a physical injury, or 15% or greater for a psychological injury, then you may make a claim for lump sum compensation.
Is my whole person impairment 15% or higher?
Our experienced workers compensation lawyers will arrange for you to be assessed by an Approved Medical Specialist to determine your whole person impairment.
A claim for lump sum compensation can be made if your permanent impairment is assessed at 11% or more whole person impairment (WPI). For psychological injuries, the threshold is 15% WPI.
If your WPI is 15% or higher, you may also be eligible to make a work injury damages claim (common law claim) against your employer.
What types of injuries are covered?
Workers compensation covers a wide range of injuries and illnesses that occur in the workplace or in connection with your employment. Some of the most common injuries are:
- Back and spinal injuries
- Shoulder injuries
- Hip and knee injuries
- Head and concussion injuries
- Brain injuries
- Hearing loss
- Repetitive strain injuries
- Eye injuries
- Chemical burn injuries
- Psychological injuries including stress, anxiety and PTSD
- Occupational diseases
- Injuries sustained travelling to or from work in certain circumstances
- All types of amputation
At Withstand Lawyers, we provide a free claim check and are an approved Independent Review Office (IRO) provider, which means you are not liable to pay for our legal costs and disbursements as they are covered by IRO.
Time limits for workers compensation claims
- You should report your injury to your employer and the workers compensation authority as soon as possible. It is recommended to do so within 30 days of the incident or as soon as you become aware of your injury or illness.
- In NSW, you have 6 months from the date of the injury to submit a claim.
- In certain circumstances, this time limit can be extended to 3 years, and more than 3 years if the injury is related to death or serious and permanent impairment.
What is a work injury damages claim?
A work injury damages claim is a common law claim for workplace injuries where the employee sustains an injury at work as a result of the negligence of the employer. The workplace injury must be assessed as being a permanent impairment of at least 15%.
To make a successful work injury damages claim you need to be able to establish:
- Your employer owed you a duty of care
- Your employer breached that duty of care
- You suffered an injury as a result of that breach
- Your whole person impairment is assessed at 15% or more
You may be eligible to make a common law claim for psychological injury or physical injury.
How are workers compensation payments calculated?
The amount of workers compensation you receive depends on a number of factors. For weekly payments, you will generally receive a percentage of your pre-injury average weekly earnings (PIAWE).
For the first 13 weeks you will receive 95% of your PIAWE, and after 13 weeks you will receive 80% of your PIAWE. If you are able to return to work in some capacity, the payments will be adjusted accordingly.
How much compensation can I get?
The amount of compensation you may receive will depend on the type and severity of your injury. Lump sum compensation for permanent impairment in NSW ranges from thousands to hundreds of thousands of dollars, depending on your whole person impairment assessment.
Work injury damages claims (common law claims) can result in significantly higher payouts as they take into account past and future economic loss, pain and suffering, and medical expenses.
How much do lawyers charge?
Nothing upfront. We work on a No Win No Fee basis. You do not pay if we do not win your case.
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Frequently Asked Questions
Can I claim if I am a casual employee?
Yes, casual employees are generally entitled to workers compensation in NSW. If you have been injured at work, you should report the injury and lodge a claim regardless of your employment type. Contact our workers compensation lawyers to discuss your specific situation.
Can I be fired while on workers compensation?
In NSW, your employer cannot dismiss you solely because you have made a workers compensation claim. There are protections in place under the Workers Compensation Act 1987. If you have been terminated, you may have additional legal rights. Speak with our lawyers for advice.
What if my employer does not have insurance?
If your employer does not have workers compensation insurance, you can still make a claim. In NSW, the Workers Compensation Nominal Insurer covers uninsured employers. You are still entitled to the same benefits.
Do I need a lawyer for workers compensation?
While you are not required to have a lawyer, having legal representation significantly improves your chances of receiving your full entitlements. Our workers compensation lawyers can guide you through the process and ensure you receive maximum compensation.
What is the difference between workers compensation and work injury damages?
Workers compensation provides no-fault benefits such as weekly payments and medical expenses. Work injury damages is a common law claim where you must prove your employer was negligent and your whole person impairment is 15% or more. Work injury damages claims can result in significantly higher payouts.
Can I claim for a psychological injury?
Yes, psychological injuries including stress, anxiety, depression and PTSD that are caused by or aggravated by your work are covered under workers compensation. The threshold for lump sum compensation for psychological injuries is 15% whole person impairment.
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