Workplace Injury and Work Accident Lawyers | Secure Your Compensation Rights
Key takeaway: If you are injured at work in NSW you can claim weekly payments, medical expenses and lump sums through a work injury claim. Your employer must report the injury to their insurer within 48 hours, claims must be lodged within 6 months, and work injury damages need 15% whole person impairment plus employer negligence.
Workplace Injury Claims: Quick Answers
Workplace Accidents: What Is a Work Injury Claim?
A work injury claim is a legal process that allows employees to seek compensation for workplace injuries or accidents sustained during their employment. This compensation can cover:
- Medical expenses
- Lost wages
- Rehabilitation costs
- Lump sum payouts for permanent impairment
A workplace injury refers to any physical or psychological harm sustained during the course of employment. Whether caused by negligence, unsafe practices, or inadequate training, employees are entitled to seek compensation for their injuries.
If you’ve suffered a workplace injury or been involved in a workplace accident, our trusted workplace injury and accident lawyers are here to help. To find out if you are eligible to make a work injury claim, contact us for a free claim check.
Workplace Injury Entitlements:
- Weekly payment
- Medical expenses
- Domestic care
- Lump-sum payment
- Common law work injury damages payout
Common Workplace Injuries and Workplace Accidents
- Slip and Fall Accidents: Wet floors, uneven surfaces, or lack of warning signs can lead to serious falls.
- Repetitive Strain Injuries (RSI): These injuries result from repetitive motions over time, such as typing or lifting.
- Machinery Accidents: Common in construction and manufacturing industries, these can cause severe injuries.
- Workplace Illnesses: Exposure to harmful substances can lead to conditions like asbestosis or occupational asthma.
What Does a Workplace Injury Lawyer Do?
A workplace injury lawyer specializes in helping employees navigate the legal process after suffering a workplace injury or accident. Their primary role is to ensure injured workers receive the compensation they are legally entitled to.
A workplace injury lawyer will evaluate the details of your case, including the nature of your injury, how it occurred, and the compensation you may be entitled to claim. Our workplace injury lawyers will provide a clear assessment of your case and advise on the best course of action.
Filing a work injury claim involves extensive paperwork and meeting strict deadlines. Our workplace injury lawyer will ensure all forms are completed accurately and submitted on time to avoid delays or claim rejections.
Insurance companies often try to minimize payouts. Our workplace injury lawyer will negotiate with them on your behalf to secure the maximum compensation for medical expenses, lost wages, rehabilitation, and pain and suffering.
If your claim is denied or disputed, we can represent you in appeals or legal proceedings, using their expertise to fight for a fair outcome.
Dealing with a workplace injury can be overwhelming. At Withstand Lawyers, we will guide you through every step of the process, providing expert advice and reassurance during a challenging time.
By working with our team of trusted workplace injury lawyers, you can focus on your recovery while they handle the complexities of your claim. At Withstand Lawyers, we are dedicated to helping injured workers achieve the best possible outcome.
How Can I Make a Work Injury Compensation Claim After A Workplace Accident?
If you’ve been injured in the workplace or in the course of work, our experienced workplace injury lawyers can handle your claim on a No Win, No Fee basis. Below are the steps to follow when making a workers compensation claim:
How to claim
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 your Workers Injury Claim Form.
Who to report incidents and injuries in the workplace?
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 Representative (HSR). An HSR can represent you to your employer in matters of work safety.
Does My Workplace Injury Qualify For A Work Injury Damages Claim?
You may be eligible to make a work injury damages claim for your workplace injury if:
- Your workplace injuries are assessed at 15% whole person impairment (WPI) or higher.
- Your employer’s negligence contributed to your injury.
This type of claim compensates you for your future loss of earnings up to the age of retirement through a lump sum payment.
It’s worth noting that choosing this option means you will no longer be eligible for ongoing workers’ compensation benefits after receiving the payout. For many, this trade-off requires careful consideration.
Our work injury lawyers can provide personalised advice to help you make an informed decision. Contact us today for a free consultation to discuss your claim and determine the best path forward.
What Evidence Do I Need to Make a Common Law Compensation Claim for a Workplace Injury?
To successfully make a work injury damages claim, it’s essential to provide evidence that establishes the following:
1. Employer’s Breach of Duty of Care
You must demonstrate how your employer failed to meet their duty of care to provide a safe working environment. This could include:
- Unsafe working conditions
- Lack of proper training
- Failure to address workplace hazards
- Inadequate safety protocols or equipment
Evidence such as workplace safety reports, witness statements, or documentation of prior complaints can support this claim.
2. Causation: Injury and Damages Resulting from the Breach
It must be shown that your injury and damages directly resulted from your employer’s negligence. Key evidence includes:
- Medical reports outlining the nature and severity of your injury
- Incident reports detailing how the injury occurred
- Testimonies from co-workers or health and safety representatives (HSRs)
3. Whole Person Impairment (WPI) Assessment
To qualify for a work injury damages claim, your injury must meet the 15% whole person impairment (WPI) threshold. A certified medical assessor will evaluate your condition and provide an official report determining your WPI rating.
How Long After a Workplace Injury Can You Make a Work Injury Claim?
The injured employee should report the workplace accident to their employer as soon as possible to begin the compensation process. The timeframe for reporting may vary depending on when the employee becomes aware of the injury.
Once notified, the employer is required to report the injury to their insurer within 48 hours to ensure the claim process moves forward promptly.
What Are the Time Limits for Work Injury Claims?
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 A Workplace Injury Lawyer Assist with Psychological Injury Compensation Claims?
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 process for psychological injuries is the same as physical 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 today.
What parts of the body is commonly injured in the workplace in Australia?
According to data from SafeWork Australia, the most common injured body parts due to a workplace accident between the years 2000–15 in Australia happened to:
What are the main causes of a workplace injury?
Workplace injuries or illnesses occur due to trips & falls, risky equipment, chemically contaminated environment, inadequate lighting, repetitive or difficult body movements, psychological/emotional trauma caused by discriminating, culturally insensitive and high-stress workplaces.
What are my obligations as a worker in NSW?
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 assist with claims arising from any failure to maintain safe conditions.
Contact our experienced team of work injury lawyers today to start your claim. Call us on 1800 952 898 or fill out our form to get your free claim assessment today.
What parts of the body is commonly injured in the workplace in Australia?
According to data from SafeWork Australia, the most common injured body parts due to a workplace accident between the years 2000-15 in Australia happened to
What are the main causes of a workplace injury?
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.
What are my obligations as a worker in NSW?
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.
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With A Trusted Workplace Injury Lawyer
Our workplace injury lawyers have helped thousands of people in NSW, and we are ready to help more today!
- No Upfront Costs
- No Win No Fee
- 99% Success Rate
- Maximum Lump Sum Payout
Call our workplace injury lawyers on 1800 952 898 or fill out our contact form for free legal advice.\n
Why Choose Withstand Lawyers for Your Workplace Injury Claim?
At Withstand Lawyers, we specialise in workplace injury claims and have a proven track record of achieving successful outcomes for our clients. We offer:
- No Win, No Fee Policy: You only pay if your claim is successful.
- Free Claim Check: Know where you stand with out obligation free assessment.
- Experienced Team: Decades of combined experience in personal injury law.
- Personalised Support: Tailored advice and representation for every case.
Contact our experienced team of work injury lawyers today to start your claim. Call us on 1800 952 898 or fill out our form to get your free claim assessment today.
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About the author
Issa Rabaya · Principal Lawyer and Director
✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW
Acts for injured people in CTP, workers compensation, TPD and public liability claims.