Workers Compensation

If you have been injured at work or during work activities, then yes, you’re eligible for Workers Compensation. Here is a list of the types of workers that can make claims:

• Permanent employees
• Casual employees
• Both part-time and full-time employees
• In most cases, subcontractors

If you are unsure of the next step or just want to understand your rights, contact us so one of our specialist lawyers can clarify what your options are.

Any injury is covered if it is work-related.

Some injuries result from a single incident, while others develop over time and are caused by the nature of the work (like a repetitive strain injury).

Some common examples are:

• Construction site accidents
• Back injuries due to heavy lifting
• Office-related injuries, including eye or muscle strain from computer use
• Fly-in-fly-out (FIFO) worker injuries
• Muscular injuries
• Mental illness or breakdown related to workplace bullying or harassment
• Farm injuries
• Injuries from accidents operating dangerous machinery
• Slip and fall injuries
• Carpal tunnel syndrome

This is not a complete list so don’t worry if you don’t see your injury or illness listed here. If you were hurt at or because of work, you’re covered.

If you have been hurt at work we advise you to do the following:

• Get medical attention right away, even if your injuries seem minor.
• Tell your employer as soon as possible. They need to be notified of your injury in writing within 30 days, or your claim may be rejected.
• Ask your treating doctor for a Medical Certificate for Compensation.
• Fill in a Workers Compensation Claim form. Your employer has to provide this on request.

Remember, you are still entitled to Workers Compensation even if you were at fault.

You need to report your injury to your employer and lodge a Workers Compensation claim within 30 days of becoming aware of your injury. If you have a workplace illness like RSI, then it’s 30 days from when you become aware of your illness. However, your claim will still be accepted outside the 30-day time limit if the reason for the delay was a mistake or if you were unaware that you could claim Workers Compensation.

If it’s been more than 30 days since you became aware of your injury, don’t worry and call us for legal advice. Our team of lawyers will explain what your options are free of charge.

As part of your Workers Compensation claim, you can get:

• Weekly payments to cover loss of earnings
• Medical expenses
• Travel expenses
• Rehabilitation expenses
• A lump sum payment in cases of serious injury where your Whole Person Impairment is assessed at over 10%.

Workers Compensation claims rarely result in really substantial payouts. You will receive a decent lump sum payment if you have suffered a serious permanent injury, but in most cases, it will not be enough to compensate you for all your pain and suffering and other losses.

This is why we always identify any additional claims you may be eligible for when you come to us with your Workers Compensation claim.

Workers Compensation claims can take a year or two to complete. It generally depends on how serious your injuries are and what treatment you will need.

Over the decades, our expert Workers Comp team has developed procedures to get your claim processed as quickly as possible. This means you will access your valuable benefits sooner and can start getting your life back on track.

In NSW, your workers’ compensation claim costs are fully covered by a government body called the Independent Review Office (IRO), so you don’t have to pay a cent for legal fees.

If you have any additional claims, like TPD claims or negligence claims against your employer (Work Injury Damages Claims), we also offer ‘No Win, No Fee’ guarantee and fixed fee costing arrangements, so you pay us nothing unless we win your case.

In addition to your Workers Compensation claim, you may also be able to sue your employer for negligence, which is known as a Work Injury Damages (WID) claim. These claims can result in payouts worth hundreds of thousands of dollars.

You may have a WID claim if:

• Your employer was negligent and didn’t take reasonable care for your safety
• You cannot earn as much as you did as before
• You have already received your lump-sum benefits for permanent impairment.

Unless your lawyer has a deep understanding of the law, there is always the risk that they will fail to consider your legal position carefully, and, as a result you could miss out on valuable additional compensation for your work-related injury. Contact one of our lawyers, and they will talk you through everything you’re entitled to.

Essential frontline workers often face dangerous, traumatic, and stressful situations and are eligible to receive additional benefits in the event of injury or illness.

In some cases, they can also sue their employer without facing restrictions that apply to other workers.

These workers include:

• Police
• Paramedics
• Firefighters
• NSW Rural Fire Service
• NSW State Emergency Service (SES)
• Marine Rescue NSW
• Surf Life Saving NSW
• NSW Volunteer Rescue Association
• Coal miners

Call us for free advice about these extra benefits that you can claim.

If you can no longer work in the job you were doing before your illness or injury, you may be eligible for a TPD claim as well as Workers Compensation. You access your TPD benefits under your superannuation or personal insurance policy.

Like many Australians, you may be entitled to TPD but not know you are covered. We’ve got an entire team of lawyers specialised in superannuation and insurance claims who can find out for you. They will take a look at your policy and talk you through everything you’re entitled to.

If you are injured or too sick to work for a limited period you might be entitled to a number of income protection benefits, with weekly or monthly payment through your superannuation fund or insurance policy in addition to Workers Compensation.

These benefits are called income protection, salary continuance or total or temporary disability (TTD). They are all in addition to your hard-earned superannuation. If you aren’t sure about whether you are eligible for Income Protection, talk to one of our lawyers and they can give you free advice on where you stand.

Generally, income protection is:

• Up to 75% of your wage plus super
• Paid monthly (but it can be weekly)
• For a set period - for example 2 or 5 years