Workers Compensation

We understand how difficult and life changing a workplace injury can be. We can help you access benefits under the Workers Compensation Scheme to help get your life back on track sooner.

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Don’t just take our word for it See what our clients say

They were able to explain things clearly

Monaco Solicitors was so very helpful during my workers compensation claim. They were able to explain things clearly so that I could understand all the legal information. I am very thankful for all their help.

Luke Reeves

They went above and beyond to understand and accommodate my difficult situation

I have had a workplace injury and the Insurance company refused to do surgery for 2+ years. Having hit rock bottom and not knowing what to do next, I called Monaco for some advice and they took me on board and helped explain my options. Being the industry I’m in and a very niche job title, I can say they went above and beyond to understand and accommodate my difficult situation. I am now getting my surgery because of their fantastic efforts to understand an absolute mess that WorkCover created.

XPSuedoX

I would recommend Monaco Solicitors to anyone needing help

I am so happy with the outcome of my case. Monaco Solicitors were very professional and their expertise and knowledge were comforting. Daniella was excellent to deal with. She kept in contact with me on a regular basis with up-to-date progress on my claim. I would recommend Monaco Solicitors to anyone needing help. All the team was very happy and helpful and always available to talk with you. My case has just taken 3 months to get an outcome from the time all the paperwork was completed. Which is an unbelievable time frame. I can’t thank them enough.

Kharli Green

Put your trust in the team at Monaco, they won't let you down

Monaco Solicitors helped me get the best outcome financially for my future after work place injuries left me unable to return to work. Ben, Daniella and team were always professional and helpful throughout the whole process, as stressful as it was for me they always gave me peace of mind by keeping in contact with me regularly on the progress of my claims and thoroughly explained the whole process to me along the way. As overwhelming as it can be I’m extremely happy I trusted the team at Monaco to deal with and handle my case, they actually showed genuine care on the hardest days for me by calling and emailing to check in on me… and that really means a lot. I highly recommend to anyone else in a similar position to put your trust in the team at Monaco, they won’t let you down.

Adam Russo

They are the best in the industry - experts in what they do and empathetic towards their clients

I would recommend Monaco Solicitors to anyone looking for an outstanding compensation law firm. They are the best in the industry – experts in what they do and empathetic towards their clients, making them feel heard and supported. Can’t thank Monaco enough for their help, I can now have my life back on track.

Anna Davis

I couldn't be more satisfied with their performance

Monaco Solicitors have been representing me in my Workers Compensation case for about 5 years now and I couldn’t be more satisfied with their performance.  This has been by far the most stressful and destructive time I’ve ever experienced. Between the egregious insurance companies, which are protected by existing laws making it practically impossible to ensure they consistently act ethically, and their roster of paid specialists and doctors is a testament to how skewed this sector is.

I’m alone and with my health issues wouldn’t have been able to defend myself, especially when my incident initially happened. I am so thankful for the years of effort the team at Monaco have put in. They have been considerate, thorough, and professional even at the most trying times.

historypeats

The girls that managed my case were top of the line

The girls that managed my case were top of the line, went far and beyond all the time to help, they got me excellent results in settlement. I wouldn’t look past these guys, they are the best. Massive thanks to Kelly, Jo and everyone else that managed my case.

Joshua Duck

Extremely professional yet make you feel part of the family

I can highly recommend Monaco Compensation Lawyers for all your compensation needs. From the moment of the first phone call they made me feel completely comfortable know they were in charge and not once was I worried that things weren’t being taken care of.

They all are extremely professional yet make you feel part of the family.

David Geremia

if it can be done I can honestly say I believe that Monaco Solicitors will get it done

I called and gave them the details. They assessed my claim quickly, then with and a little help from my doctor my claim was processed. It took several months but I had no need to worry as they informed me what was going every step of the way. These things always take time so be patient, and if it can be done I can honestly say I believe that Monaco Solicitors will get it done.

Rowan Wales

They treated my wife and I with such care and won us the compensation we needed

Great team would highly recommend. They did so much work for us and their personal approach was amazing. They treated my wife and I with such care and won us the compensation we needed to get our life back on track. They really care about what they do and their clients.

If you want a personal approach and not just another client approach I have to say they will look after you.

Martin Glennan

I was grateful to have come across Monaco when I did

I was grateful to have come across Monaco when I did. I worked with Kelly Keane and Jo Gardiner who were both brilliant and very responsive to my many queries and questions. They were also very kind and caring towards me at a time when I really needed it. Kelly is very experienced and I benefited from her expertise. She was open and honest with me about the process, never sugar coated anything and the expectations she set turned out to be incredibly accurate. I am thankful to have this process over with and will forever be grateful to have had a great team with me through it.

Jen L
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4.9
Based on 175 Reviews

Common Questions

Am I eligible to make a claim?

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.

Is my workplace injury or illness covered?

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.

What should I do if I’ve been injured at work?

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.

What are the time limits?

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.

How much compensation will I get?

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.

How long will my claim take?

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.

How much does it cost to claim workers’ compensation?

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.

Can I sue my employer for negligence?

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.

How is workers’ compensation different for emergency services workers and coal mine workers?

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.

Do I also have a disability (TPD) 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.

Do I have an Income Protection claim?

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
Have a question not answered here?Contact a Lawyer Now

98% Success Rate

We win the overwhelming majority of our cases. This doesn’t just happen. It’s hard, diligent work that gets these results. We leave nothing to chance in preparing your claim. In 2020 alone, we won $68 Million for our Workers Compensation clients.

Why choose our team of Workers Compensation Lawyers?

Not all Workers Compensation lawyers are created equal.

In Australia, the government has made sure that if you are injured at work, you are guaranteed basic compensation. Just about any lawyer can help you through the process of making a basic workers compensation claim. However, not every lawyer will do what we do.

Voted “Compensation Law Firm of the Year in Australia 2020” and with Law Society Specialist Accreditation, we have the skill and experience to uncover any other claims that you may be entitled to. Harder to identify and more difficult to prepare, these additional claims are often overlooked by lawyers from other firms, despite being worth significantly more than your basic workers’ compensation claim.

When you put our expertise in your corner, your chances of securing your future are much greater.

Contact a Lawyer Now

Award-Winning Lawyers

In 2020, we were awarded “Compensation Law Firm of the Year in Australia” (Global Law Experts) and “Personal Injury Compensation Law Firm of the Year” (ACQ5). Be confident your Workers Compensation claim is in safe hands.

Workers Compensation Experts

We have an expert team that deals exclusively with Workers Compensation, led by Law Society Accredited Specialists. No matter how complex your claim, we have the expertise to handle it successfully.

Our Unique Perspective

Many of our lawyers have worked for insurers before joining us. So we understand the opposition and know how to cut through the tactics insurance companies might use to put you off your claim.

4.9 Star Rating on Google

Don’t just take our word for it – look at independent Google reviews from our clients. In fact, we have the highest Google rating within the industry.

34 Offices Australia Wide

With offices all over Australia, we can help you wherever you are. And if you are too sick to travel, we can organise video conferencing, or come to you in person.

Fast-Tracked Claims

We have developed procedures that mean your claim will be lodged quickly, so you get to access your valuable entitlements sooner.

Millions won for our clients

Here are some examples of our firm’s recent wins

$900,000

Patrick slips at work and lodges a claim as a Working Holiday Visa holder

Originally from the UK, Patrick sustained a significant back injury when he was sent by his employer to work on another company’s building site. The site manager set Patrick a manual task which was unsafe given the wet weather conditions. However, he performed the task and subsequently slipped, injuring his back.

First, we consulted with a leading expert on work safety who provided us with a detailed report that proved Patrick’s employers had breached several key work guidelines. We then secured further evidence that detailed Patrick’s losses. This was enough for our lawyers to file a Common Law claim against our client’s employer. In addition to this claim, we also began court proceedings against the company in charge of the site where Patrick was instructed to complete unsafe tasks. During the proceedings, our client returned to the UK when his compensation benefits had stopped. In spite of this, we were still able to successfully achieve a settlement for Patrick that was close to $900,000.

$680,000

Joshua suffers one serious work injury and wins two compensation claims

Joshua was a contractor working for Labour Hire Inc called out to a job with Company HQ. On his first day, he was instructed to lift two heavy boxes of glass panels across the shop floor. Company HQ’s supervisor gave Joshua a tight deadline to complete this task. As a result he suffered a serious lower back injury but physiotherapy and other treatments didn’t alleviate his pain so Joshua required a spinal fusion. His injuries continued to hinder a full recovery and he was unable to return to work. Joshua required ongoing care and assistance from his family.

When Joshua came to see us, our lawyers identified that he had two potential claims – one against Labour Hire Inc and the second against Company HQ. This was very significant because each of the two cases fell under different laws which meant that Joshua could claim substantial additional compensation. Our lawyers had to prepare, file and run two cases concurrently. The level of complexity was a challenge, but the results were worth it. We engaged an engineer experienced in Safety Management and Ergonomics to assess Joshua’s claims. Our expert confirmed that both companies (Labour Hire Inc and Company HQ) had been negligent by not implementing a safe system of work and risk assessment for Joshua. Eventually, Joshua was awarded $680,000 in damages as a result of these two claims.

$605,000

Brett had a sense that his lawyers weren’t doing enough with his claim

Brett was pinned between a forklift and a steel skip at work and sustained severe knee injuries. Brett began experiencing severe knee pain and swelling so he was placed on light duties at work. Over the next few years, his knee condition deteriorated and Brett had to undergo several surgeries and physiotherapy treatments. His ongoing disabilities severely impacted his ability to work and help care for his young children.

Brett came to us because he was dissatisfied with his previous solicitors who had failed to progress his case. After reviewing the file, our lawyers noticed that Brett’s former legal team had grossly underestimated the size of his claim. We then carefully prepared Brett’s case by including additional medical reports from our independent medical experts. We also obtained a comprehensive report that confirmed all the breaches of work safety guidelines and regulations that Brett’s employer was responsible for. Following careful preparation, we filed court proceedings in the Supreme Court. We were able to successfully resolve Brett’s claim during mediation and secure him a settlement of $605,000.

$575,000

Firefighter sustains serious neck and back injuries during a fire

John was called out to a carport fire. When he arrived, his supervisor instructed him to manoeuvre a heavy solid metal bar. John was wearing bulky breathing apparatus at the time and, although hydraulic lifting equipment was available on-site, his supervisor ordered John to take the full weight. As a result, when he moved the bar, our client heard a ‘pop’ sound and immediately felt excruciating pain in his neck, back and legs. Soon after, John had major surgery which didn’t improve his condition and he had to use a walking stick and scooter for mobility. He didn’t return to work.

Our lawyers engaged leading medical specialists to assess John’s injuries before progressing the claim through the Workers Compensation Commission. The Commission’s medical panel agreed with our assessment of John’s disability. This enabled us to secure substantial compensation for his injuries, pain and suffering. Next, we had to prepare John’s Common Law claim in negligence against his employer. We engaged an expert in Safety Management and Ergonomics. This assessment proved John’s employer had been negligent by failing to provide appropriate equipment and ordering him to perform unsafe tasks. This expert also identified breaches of the Occupational Health and Safety Act. By securing John’s case with this comprehensive evidence, we were able to swiftly reach a negotiated agreement with his employer during mediation. With our lawyer’s consistent guidance and support, John was eventually awarded a sum of $575,000.

$550,000

Ryan is injured on the job, isn’t eligible to claim, we resolve his issue for a win

Ryan slipped while carrying a door frame down a dangerous incline into a carpark. He suffered severe injuries to his lower back and right knee and required several surgeries which made him permanently unable to work again. Ryan had persistent disabilities that affected his quality of life and created a need for ongoing care. Unfortunately, due to a pre-existing knee injury, Ryan didn’t make the 15% threshold that would entitle him to sue his employer for negligence.

When he came to us, our lawyers immediately saw that, while Ryan wasn’t able to sue his employer, he was still eligible to claim against the occupier of the site where his injury occurred. We engaged an expert liability witness who specialised in Safety Management and Ergonomics. Our expert provided a detailed report that confirmed Ryan’s employer had failed to provide him with the right equipment and assistance to perform his tasks risk-free. We also instructed a rehabilitation consultant to report on Ryan’s ongoing medical, personal and domestic needs. This specialised report added significant value to Ryan’s claim. Having carefully prepared his case, we then took it to mediation where we successfully finalised a settlement for $550,000.

$525,000

Andrew’s claim was lodged past the 3-year claim deadline - and he still won

Working in aged care, Andrew sustained serious injuries to his spine and left shoulder when an elderly patient he was assisting fell on him due to a faulty walking frame. His injuries required at least four spinal and shoulder surgeries, multiple injections and several other procedures. Andrew was left with a permanent incapacity to work and a reduced quality of life.

By the time Andrew came to us, his claim was outside the time frame for making a Common Law negligence claim against his employer (three year limit). This timing made Andrew’s claim more difficult and created a very real obstacle to securing compensation for him. We were undeterred and accepted his case. Our lawyers prepared a detailed Affidavit addressing the reasons why Andrew was delayed in lodging his claim. We then sought an opinion from a leading expert in Safety Management and Ergonomics which proved Andrew’s employer had been negligent. They hadn’t provided the adequate equipment for Andrew to perform his workplace tasks. The expert also identified several breaches of the Occupational Health and Safety Act 2000. Our diligent approach resulted in a successful resolution of Andrew’s claim and he was awarded $525,000 in compensation.

$450,000

James had a serious work fall, didn’t meet minimum claim threshold and still wins

Working as a carpenter on a building site, James was standing on faulty scaffolding that lacked the appropriate flooring and safety panels. As a result, James fell through the joists and suffered a spinal injury. He attempted to return to work but the pain and discomfort were severe. Unfortunately, James’ injuries hadn’t met the required 15% threshold which meant that he was unable to pursue a Common Law negligence claim against his employer.

When he came to see us, our lawyers identified that an outside company (not James’ employer) was responsible for maintaining the scaffolding. This fact made it possible for our client to sue this company for negligence. We qualified a leading engineer who was an expert in assessing the safety requirements of constructing and maintaining scaffolding. Our expert reported that James’ employer had failed in their duty of care listing 10 preventative measures that could have been taken to avoid injury. We then had James assessed by medical experts, which allowed us to document the extent of his injuries and his losses. So even though James was unable to make a claim against his employer, our lawyers still found a way to achieve a successful outcome for him. Eventually, James was awarded $450,000.

What to expect
Your Workers Compensation Claim Process

  1. You lodge your Workers Compensation claim Lodge a Workers Compensation claim within 30 days of becoming aware of your injury. If it's been longer, you still have options but speak to one of our lawyers as soon as possible.
  2. You get in touch with us The most important thing to do at this early stage is to speak to a lawyer to better understand your options. We’ll tell you everything you need to know, including whether you have additional claims, and if you are eligible for a lump sum compensation payout.
  3. We'll organise any immediate assistance you need By choosing the Monaco team, you will have one lawyer as your point of contact the whole way through your claim process. Your personal lawyer will apply for any immediate compensation benefits or care that you might need. This could include weekly compensation benefits, medical expenses as well as costs to cover extra support needed at home.
  4. We’ll investigate and gather evidence for you Your lawyer might need to obtain medical information from your treating doctors to understand your injury better and the impact it has on your life. Your family members or friends may also be able to help us understand how your injury has affected your life. We may also speak to your co-workers and any witnesses to understand how your injury happened.
  5. You'll receive compensation or begin court proceedings Our thorough preparation of your evidence means most of our cases are settled without going to court. However, if the insurer fails to pay your benefits and entitlements, we can lodge your claim with the relevant tribunal. If this happens you are still covered by our No-Win No-Fee Guarantee.

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