Workers Compensation Lawyers
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.
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 are covered by workers compensation insurance if you:
- Are a casual employee, permanent employee, full time employee, part-time employee or self-employed.
- Have been injured at work, as a result of work or during work activities.
You can claim workers compensation for physical or psychological injury, provided you sustained your injury or illness at or in the course of work.
Who pays for workers compensation?
Workers compensation insurance is paid by your employer. When you make a workers compensation claim, you will be covered by your employer’s insurer.
What benefits can I receive if I make a workers compensation claim?
When you make a workers compensation claim, you may be able to claim:
There are numerous factors that determine the amount of compensation you may be entitled to claim. Our senior workers compensation lawyers can help you understand your rights and access your entitlements to get your life back on track.
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:
Reporting your injury or illness to your employer as soon as possible
Visiting your doctor and seeking medical treatment. You will also need to obtain a certificate of capacity to be completed by your doctor.
Contact our team of workers compensation lawyers to seek advice about your injury and compensation entitlements.
Complete and lodge a Worker’s Compensation Claim form by submitting it to your employer. There is a part of that form that your employer needs to complete before sending it to its workers compensation insurer. If you don’t hear back from a workers compensation insurer within a week you may also follow up with the insurer directly
There are time limits for workers compensation claims in NSW, so we recommend that you act as soon as possible.
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, if any;
- Your prospects of rehabilitation;
- Whether your injury occurred as a result of your employers’ 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 for a physical injury is greater than 10%, or 15% or greater for a psychological injury.
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; and
- Your employer failed to exercise that duty of care; and
- Your permanent impairment resulted from your employer’s negligence.
You may be eligible to make a common law claim for psychological injury or physical injury.
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:
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.
Why trust Withstand Lawyers?
If you have suffered an injury or illness at work, you may be entitled to make a compensation claim. We will understand your circumstances and offer a claim assessment where we will advise you in relation to your options and entitlements.
Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on No Win No Fee basis. As to legal costs for workers compensation claims, they are covered by the Workcover Independent Review Office (WIRO) which means that no matter the result you do not pay for any legal costs whatsoever. The team at Withstand Lawyers is conventionality located in Sydney & Parramatta. Call us on 1800 952 898 or book a consultation to receive the clearest, best and quickest assistance possible.