A workplace injury is a physical or psychological/psychiatric injury that may occur in the course of employment regardless of of negligence, unsafe work practices or inadequate training. However, employers must provide a safe and healthy environment for their employees through training, enhancing risk awareness, introducing first aid, and having workers compensation policy/insurance. If you are injured at work, our workplace injury lawyers can help you receive maximum compensation benefits!
You might be entitled to
Am I eligible for a lump sum payout?
If your injuries are assessed at 15% whole person impairment or greater, and your employer was negligent, you may be able to make a work injury damages/common law 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.
It’s not always the best option though, receiving a payout by way of a work injury damages claim means that you will not be entitled to any any kind of compensation benefits after you receive the lump sum payout that would otherwise could be available depending your whole person impairment assessment. You can reach our work injury lawyers for a free claim assessment to understand your eligibility and whether it is best for you to make a work injury damages claim or not.
Am I eligible to make a work injury damages claim?
If your injuries are assessed at 15% whole person impairment or greater, and your employer was at fault, 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. It’s not always the best option though, receiving a payout by way of a work injury damages claim means that you will not be receiving any kind of compensation benefits through your compensation claim upon settlement as you are claiming a payout instead.
How can I make a workplace injury compensation claim?
You can contact our workplace injury compensation lawyers and we can take care of your claim on a No Win No Fee basis in NSW. You can see the steps below:
Firstly, contact your employer and report that you had a workplace injury and then complete and submit a Workers injury claim form. You should also consult, your GP (General Practitioner)who will need to complete a Certificate of Capacity in support of that Workers injury claim form.
When faced with unhealthy and unsafe working conditions or injuries from a work-related accident, a worker should first report to his/her supervisor or Health and Safety Representatives (HSRs). An HSR can represent you to your employer in matters of work safety.
What evidence do I need to show to make a common law claim compensation for a workplace injury?
To be successful in making a work injury damages claim, we focus on establishing:
- how your employer breached their duty of care at the time of your accident
- you suffered injury and damages because of this breach
- your whole person impairment has been assessed at meeting the 15% threshold
How long after a workplace injury can you make a claim?
The injured employee should report the accident to their employer as soon as possible to start the workplace injury compensation process. That period can depend on when the injury is discovered by the injured employee.
Once the injury is notified, the employer should report the notification to their insurer within 48 hours after becoming notified.
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.
Can work injury lawyers help me with my psychological injury compensation?
Yes, our work injury lawyers can assist you with your psychological injury compensation whether it’s PTSD, depression, stress-related issues, or any other mental illness. The workplace injury compensation steps are pretty similar to psychological injuries.
The threshold to make a common law compensation claim for psychological injury is the same, being 15% or greater whole person impairment. You can reach our experienced work injury lawyers for a free claim check!
Frequently asked questions
Workplace injuries or illnesses occur due to trips & falls, risky equipment, chemically contaminated environment, inadequate lightning, repetitive or difficult body movements, psychological/emotional trauma caused by discriminating, culturally insensitive and high-stress workplaces.
Under the work health and safety law in NSW workers also have legal obligations. According to SafeWork NSW, a worker should work by following safety instructions, depending on that employment, using personal protective equipment (PPE), where required, and reporting injuries and unsafe and unhealthy situations to supervisors or health and safety representatives (HSRs). Workplace injury lawyers can give you case-based advice regarding your injury and workplace injury compensation process.
Free claim check with our workplace injury lawyers
Our workplace injury lawyers have helped thousands of people in NSW, and we are ready to help more!