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1. Do this now
- Report the injury to your workplace by letter, email or in person, giving as many details as possible
- Record the accident details in the accident register at your workplace (every workplace is legally required to have one)
- Keep a copy of any paperwork
- Make sure you notify your employer of your injury within 30 days of becoming aware of it. Make sure you inform them in writing. Otherwise, your claim may be rejected
2. Do this next
- Visit your doctor for treatment, advice, and a medical certificate known as a Certificate of Capacity. You will need the Certificate to claim work injury compensation
- Make sure you see your doctor, even for a minor injury. It may take time to understand the true extent of an injury, so it's important to get your doctor involved as soon as possible
3. Do this later
- Complete your work injury compensation claim form
- Attach your Certificate of Capacity to the claim form
- Give the form and Certificate to your employer or workplace
- Keep a copy for your records
- Make sure you do this within six months of your injury.
Protect your future with our free legal services
A work injury leaves you vulnerable and uncertain about what's ahead. You may worry about your family or feel frustrated by the workers' compensation process.
Workers compensation laws in New South Wales are complicated and often challenging to navigate. It can take years of training and experience to understand how the system works.
We're experts in work injury compensation claims. Because we act only for workers and never employers or insurers, we'll help you secure your fair share of compensation.
With funding from the Independent Review Office, we'll look after your claim at no cost to you. That means you're free to focus on your recovery.
What is a workplace injury?
Workplace injuries are sometimes also known as work-related injuries or worker injuries.
A workplace injury is a mental or physical injury (including death) that happens when the worker is:
· In the workplace; or
· Out of the workplace but doing something work-related; or
· On a scheduled work break; or
· In other work-related circumstances
Workplace injuries can happen immediately, for example, a broken leg due to a fall at work. Or they can happen over a period of time, for example, gradual hearing loss due to a noisy work environment.
What is work injury compensation?
Work injury compensation is also referred to as workers compensation.
It's money paid to compensate you for your work injury or accident, regardless of whether it was your fault. Usually, the workers' compensation insurer pays the money on behalf of the workplace. Most workplaces are legally required to have workers' compensation insurance.
What are the types of work injury compensation?
There are three different types of work injury compensation:
1. Weekly payments
If you can't work because of your injury, you may be entitled to weekly payments (or benefits) due to your incapacity for work
2. Medical expenses
The insurer may pay your medical expenses if considered reasonably necessary. They may include travelling to and from appointments
3. Lump-sum payments
For permanent impairment, you may be able to claim a lump-sum payment in addition to weekly payments and compensation for medical expenses
Who can claim work injury compensation?
To establish whether you're eligible to claim work injury compensation, it is first necessary to confirm whether you can be considered a worker under NSW laws. Employees are workers, but if you're a contractor, it may not be so straightforward.
Generally, NSW workplaces aren't required to insure contractors against workplace injuries. However, some contractors may be considered workers. It may happen when a contractor's role more closely resembles an employee, even if they're not formally employed. They may be considered a worker if they're:
- Directed by the workplace about what tasks to perform
- Paid for the time they spend working (rather than by the job)
- Using the workplace's tools and equipment
- Not engaged to work for anyone else
Some circumstances that may determine that a person is genuinely engaged as a contractor include that they:
- Perform the tasks independently
- Engage subcontractors to perform the tasks
- Give a quote to do the task and are paid according to the quote
- Use their own tools
- Have a business name and Australian Business Number (ABN)
The upshot is that a contractor may be considered a worker depending on the circumstances, and every situation is different.
For some employees and sub-contractors working in specific areas, there are some other things to consider, for example:
- Construction Workers
- Hospitality Workers
- Office Workers
- Warehouse Workers
- Nurses & Aged Care Workers
- Emergency Services Professionals
- NSW Coal Miners
- Baggage Handlers
How much will it cost to make a work injury compensation claim?
In most cases, we don't charge our clients for work injury compensation claims. We don't charge for our legal fees, and we don't even ask you to pay for the other expenses. It means that you won't be out of pocket at any stage of your claim.
But how do we manage to do this? Our work injury legal team has Independent Review Office (IRO) approval. It allows us to apply for funding grants to help injured workers with work injury claims. Once we've established that you're eligible to make a claim we can get your claim moving, and you can enjoy some peace of mind.
How do I make a work injury compensation claim?
To make a work injury compensation claim, you must first report the accident or injury to your workplace. You should also make sure the details are recorded in your workplace's Register of Injuries. You must do this within 30 days of your injury or accident.
Next, you'll need to visit your doctor for assessment and treatment of your injury. Then, if appropriate, your doctor will give you a Certificate of Capacity, which you will need in order to make a work injury compensation claim.
You can download and print a claim form from the State Insurance Regulatory Authority website if you haven't already received one from your doctor or workplace.
Complete the form, attach your Certificate of Capacity and make a photocopy for yourself. Then, give the original claim form and Certificate to your workplace. Your workplace must provide the claim to its workers' compensation insurer.
The insurer will decide whether to accept your claim. In the meantime, it may choose to give you weekly payments immediately, delay the payments, or dispute the claim. Whatever its decision, it's vital that you contact us once you've submitted your claim so we can give you a free assessment.
Usually, there's a limit of six months from the date of your injury to submit your claim. If you've taken longer to submit your claim, contact us for advice.
What can I claim?
In addition to claims for weekly payments, medical expenses and lump sum payments, you may also be able to claim:
· Domestic assistance
· New employment assistance
· Education or training assistance
· Property damage
· Funeral expenses
· Pain and suffering
Different laws will apply if you were injured before 21 October 2019. In these circumstances, we recommend seeking legal advice from an experienced work injury lawyer.
Frequently Asked Questions
How long will it take to receive work injury compensation?
In many cases, work injury compensation payments must start within seven days of receiving your claim. These payments are known as provisional payments. The insurer can make provisional payments for up to 12 weeks and pay up to $10,000 worth of medical expenses while it's assessing your claim. If it rejects your claim, you don't have to repay this money.
When can I return to work?
You can only return to work if your doctor and any other specialists or medical professionals give you written clearance to do so. If you're restricted in the type of tasks you can perform, these need to be specified.
The main concern is that you're able to return to work safely and without fear of further injury. Your workplace may need time to plan for your return or make some changes to the work environment to ensure your safety.
How will my work injury compensation claim affect my employer?
In New South Wales, most workplaces are legally required to have workers compensation insurance unless they have a special exemption. Your employer pays for the insurance to cover you for any injuries or accidents. It also means that you can claim without worrying about how it affects your workplace because your workplace also benefits from the insurance. It's similar to claiming house contents insurance if your home is robbed.
What should I know about employer negligence?
Employer negligence means that an employer failed to take reasonable care to avoid causing an injury to a worker. It can be established when:
· The employer owed the worker a duty of care to provide a reasonable standard of safety
· The employer breached this duty
· The worker suffered injury or loss as a result, which the employer could have (or should have) reasonably predicted
In a claim for employer negligence, you can claim work injury damages.
There are laws in New South Wales which limit the circumstances in which you can bring a legal claim for negligence against an employer. You must have a significant permanent impairment. It’s known as whole person impairment (WPI). Working out WPI is a complex process.
If you claim employer negligence, you must give up all future rights to work injury compensation, including rights to medical expenses. An employer negligence claim can have significant consequences and requires careful consideration. If you have suffered WPI, you will need legal advice to work out whether to claim employer negligence.
As work injury compensation specialists, we've helped many clients claim significant lump-sum compensation for employer negligence.
What can I do if I want to claim without using a lawyer?
We understand that you may not want to use a lawyer for your work injury compensation claim. You're under stress and in physical pain from your injury. You may be experiencing financial hardship if you're waiting for the insurer to start paying your claim.
You may also know people who've had a bad legal experience. Or you're concerned about how much it will cost to get legal advice.
One of our most important service principles is protecting your interests and stopping insurance companies from failing in their obligations to you. As IRO-approved work injury compensation lawyers, you won't pay legal fees once we've assessed your claim. No fees at all, not even at the end of your matter. It's one way we seek to give you the peace of mind that's so essential to your recovery and long-term wellbeing.
The insurer is likely to use specialist compensation lawyers. If you choose not to use a lawyer, you may put yourself at a significant disadvantage.
Why should I see an IRO-approved lawyer?
When you see an IRO-approved lawyer for your work injury claim, your legal fees and expenses will be paid by the Independent Review Office (IRO). That means that you won't see a bill from us for your entire claim.
Sounds too good to be true? It's not. Trust us.
Because our legal team has Independent Review Office (IRO) approval for work injury compensation claims, we can apply for a funding grant for your claim. First, we work out whether you're eligible to claim, and then we apply for the funding and get your claim underway.
Seeing an IRO-approved lawyer is the most important thing you can do to relieve any concerns over legal costs.
- Compensation for Construction Workers
- Compensation for Hospitality Workers
- Compensation for Office Workers
- Compensation for Warehouse Workers
- Compensation for Tradesmen
- Emergency Services Workers
- Compensation for Nurses
- Compensation for Coal Miners
- IRO Approved Lawyers
- Compensation for Psychological Injuries
- Compensation for Baggage Handlers
- Work Injury Damages Claim