Workers Compensation Claim Lawyers
What is workers compensation?
Workers compensation is a form of insurance to support you if you are injured or become ill in the course of employment. The compensation would primarily be weekly benefit payments for loss of earnings, medical expenses, lump sum payments, and return to work assistance. Regardless of where you were injured, our workers compensation lawyers can help you!
What can I claim?
Can I claim lump sum compensation?
Claims for lump sum compensation for injuries are based on your permanent impairment. In order to receive compensation by way of a lump sum, your physical injuries need to be 11% whole person impairment or greater. If you have primary psychological injuries, 15% is the limit to claim lump sum compensation. You are not entitled to receive permanent impairment compensation for secondary psychological injuries.
Work injury damages
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?
What are the time limits?
The time limit to submit the Work Injury Claim Form and Certificate of Capacity is 6 months in NSW. Also, the time limit to commence court proceedings is 3 years.
How long does a workers compensation claim take?
How long your workers compensation claim will take is generally correlated to your recovery period, but generally speaking, a workers compensation claim can take 1.5 years to settle. If you want a clearer estimation, feel free to reach us for a free claim assessment.
How are workers compensation payments calculated?
Payments are calculated based on your age, severeness of your injuries, the medical expenses and the amount of time you will not be able to work because of your injuries/sickness. Our experienced personal injury lawyers specialise in workers compensation and may give you estimate compensation payout according to your case.
How much compensation can I get for my workers compensation claim?
Each workers compensation claim is different as the entitlements are determined according to various factors such as age, injury, treatment requirements etc. That’s why you can contact our workers compensation lawyers to calculate your workers compensation benefits.
Frequently asked questions
You can consult our workers compensation lawyers at any point during your compensation claim process. It is always better to talk to a workers compensation lawyer right after an injury to learn what to do as a next step to maximise your compensation benefits and see if your eligible for a lump sum.
Thousands of workers suffer from workplace accidents that are subject to workers compensation claim. Some of the most common injuries are as follows:
If you sustained an injury at work, you should notify your employer immediately who will then have 48 hours to report it to their workers compensation insurer. There is a 6-month time limit to lodge your work injury claim form from the date of the injury. However, that time limit can be extended in circumstances.
At Withstand Lawyers, we provide free claim check and are approved Independent Review Office (IRO), which means you are not liable to pay for our legal costs and disbursements as they are covered by IRO.
You need to provide your injury details, such as the injury date, description of injury and where the injury occurred. You also need to provide details about your employment such as the name of the employer that was paying your wages when you were injured, details of occupation, when you started working there, and your income. Your employer will also need to sign the work injury claim form.
Exempt workers include police officers, paramedics and firefighters. They do not have the threshold to claim physical lump sum impairment. They are able to claim a lump sum payout for permanent impairment if their assessment for physical injuries is greater than 0%. They are also able to claim compensation for pain and suffering if their injury is assessed at being 10% or greater. Generally, exempt workers are entitled to weekly benefits based on their current weekly wage rate before the work related injury during 26 weeks. After the first 26 weeks, the weekly benefit paid becomes a fixed rate, which is called the ‘statutory rate’ or 90% of their average weekly earnings. Read our exempt worker blog for further information.
You can claim workers compensation benefits if one of your close relatives such as your spouse, parent or kid passes away due to a workplace accident.
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