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Workplace Injury: Legal Perspective

Online Inquiry

Posted on

June 30, 2021

by

Workers Compensation
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A workplace injury is a physical or psychological/psychiatric injury as a result of negligence, unsafe work practices or inadequate training. More specifically, injuries or illnesses stemming from risky equipment, chemically contaminated environment, repetitive or difficult body movements and psychological or emotional trauma caused by discriminating, culturally insensitive and high-stress workplaces fall under this category of personal injuries. It is an employer’s duty to provide a safe and healthy environment for his/her employees through training, enhancing risk awareness, introducing a first aid and an emergency plan and having workers compensation policy/insurance. It is also an employer’s responsibility to ensure that the worker returns to work safely after recovery.

What to do after getting injured in workplace?

If you suffered an injury at work, you might be entitled to claim workplace injury compensation. Our workplace injury lawyers provide free claim assessment to understand your claim and advise you your entitlements
  • No Upfront Costs
  • No Win No Fee
  • 99% Success Rate
  • Maximum Lump Sum Payout

Workplace accidents in New South Wales

In New South Wales, employers are held liable for ensuring work safety through the application of first aid and emergency plans, workers compensation insurance, a return to work plan and an injury register as dictated by health and safety laws. Also, per the Workplace Injury Management and Workers Compensation Act 1998, the poster “If you get injured at work” showcasing the steps an injured worker must follow should be displayed in workplaces.

Employers in NSW (except a small group of exempt businesses) are legally required to have workerplace compensation insurance for covering workplace injuries. There are three types of insurers regulated by the State Insurance Regulatory Authority (SIRA): Icare, self-insurers and specialised insurers.

The NSW government maintains a policy that supports injured workers’ recovery at work which obliges employers to initiate a return to work program within 12 months after they start their businesses. The government policy advocates that recovery at work elevates the injured worker’s mental and physical health and reduces the risk of a long term disability.

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, use personal protective equipment (PPE) and report 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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5 most common workplace accidents

According to data from SafeWork Australia, the most common workplace injuries registered between the years 2000-15 in Australia happened to
  1. Upper back
  2. Lower back
  3. Shoulders
  4. Knees
  5. Hands
In the same period, the most frequently occurring scenarios of injury across different sectors were body stressing, muscular stress while lifting, carrying and putting down objects, falls, slips or trips and being hit by a moving object. While mental health records seem relatively low in number in the given data, it is important to note that they happened and it could be less common for employees to report psychological issues caused by work environments.

Who do you report workplace accidents to in the workplace?

When faced with unhealthy and unsafe working conditions or injury 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.
Calculate your compensation claim

How to claim compensation for workplace injury

When faced with unhealthy and unsafe working conditions or injury 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.

The injured employee should report the accident to his/her employer as soon as possible to start your workplace injury compensation process. The employer should report the notification to their insurer within 48 hours after becoming notified FOR YOUR INFORMATION ONLY- it’s the employer who would be charged with claims excess payment not the employee if the employer doesn’t report the notification to the insurer within 5 calendar days.

As the second step, the worker is expected to submit a “worker’s injury claim form” where he/she provides information about how and when the injury happened, the amount he/she earned before the injury, the treatment process and return to work particulars. The worker and employer should also sign this form.

Workplace injury lawyers in NSW

The Work Cover Medical Certificate provided by the doctor should be submitted in support of the claim form as well. To learn get more information about workplace injury compensation, you can call our workplace injury lawyers on 1800 952 898 or fill our contact form.

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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
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The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
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Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.
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Kristy W
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The Withstand lawyers team that helped me with my claim were amazing, talking me through each step and being understanding and thoughtful to my feelings. I would highly recommend them to anyone needing compensation lawyers. Thank you Withstand!!
Francis A

Read More
The team really know their staff. To Nayven, Issa, Sam and Danielle a heartfelt thank you for all your hard work, courtesy, superb efforts and a big thumbs up from me.
Zilla W

Read More
The Lawyers at Withstand are really really helpful I know I waited for quite a few years to get my results for the Motor Vehicle Accident and then I got a call just a month ago from Nayven Taouk. He told me that he's going to take up my case and yes we got the Best Outcome. Thank you!
Hazel A

Read More
Terrific experience and positive outcome. It was unfortunate we did not go to them first. I would recommend them for anyone who wants qualified, quick, efficient support. Thank you Tanja, Robert and the team.
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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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