If you have suffered an injury, illness or disease at work or your health has been affected by your workplace, you may be entitled to compensation. All employers in New South Wales are required to have compulsory Workers’ Compensation insurance for all employees in their workplace. It is the insurance company of the employer who pays compensation to injured workers when a claim is brought against the employer.
Workers in New South Wales can also claim for dust disease injury.
What kinds of workers are covered?
Full-time, part-time and casual workers are all covered by Workers’ compensation schemes. In some circumstances, subcontractors are also covered.
What can I receive compensation for?
What you can claim following your injury at work depends on your situation. Claims can include:
- Weekly compensation for loss of wages/earnings;
- Medical, hospital and rehabilitation expenses;
- Travel expenses;
- Lump sum compensation for Permanent impairment (in some circumstances).
Workers’ compensation laws and entitlements are different in each state and territory. Time limits for reporting your injury to your employer and making a claim may also vary. It is important to seek legal advice from an experienced lawyer as soon as possible to ensure your entitlements are protected.
Contact us today for a free consultation to discuss your possible entitlements.
Are there any time limits for making a Workers’ Compensation claim?
Strict time limits do apply to lodging a worker’s compensation claim and time limits may vary between each state and territory. It is therefore important that you contact one of our expert lawyers for further information regarding your entitlements and your eligibility to claim.
Can I sue my employer for negligence?
In addition to your rights under the Workers’ compensation scheme, you may be able to sue your employer in a claim for negligence, this is known as a work injury damages claim.
A work injury damages claim follows an initial workers compensation claim made with the no-fault statutory schemes established in each state. To bring a claim for work injury damages in New South Wales you must have sustained a permanent impairment of at least 15% as agreed by the insurer or as assessed by an approved medical specialist of the Workers Compensation Commission.
Whether you are entitled to work injury damages compensation depends on a number of factors, including how your injury or accident occurred and the seriousness of your injury. This is a complex area of law so it’s important you speak to one of our experienced lawyers as soon as possible.
What can I receive compensation for when making a work injury damages claim?
You may be entitled to claim for past and future loss of earnings, including past and future loss of superannuation.
Our lawyers will review the circumstances of the incident, advise on the employer’s liability (often with the assistance of an expert witness), and the type of payments to which you are entitled.
Are there any time limits to negligence claims?
Generally, there are strict deadlines that apply to work injury damages claims. It is important to seek legal advice from an experienced lawyer as soon as possible to ensure your rights and interests are protected.
Contact us now to speak to one of our expert workers compensation lawyers about your rights to work injury damages compensation.
How much will it cost to make a workers’ compensation claim and a work injury damages claim?
Generally, you will not have to pay any costs to make a claim under the Workers’ compensation scheme. We are approved Legal Service Providers with the Workers Compensation Independent Review Office (WIRO). This means that for Workers Compensation claims, WIRO will pay us at the end of the case (with the exception of work injury damages claims and claims involving emergency workers). For information about workers compensation claims if you are an emergency worker please click here.
If your case progresses to a Work Injury Damages claim, we will represent you on a “No Win, No Fee*” basis because we believe anyone with a claim deserves access to legal representation, no matter their financial circumstances. This means you don’t have to pay our legal fees unless your claim is successful.
Our expert lawyers can explain this process to you during the initial consultation.