Workers Compensation

The process for making a compensation claim

The requirements for making a claim for workers compensation NSW are as follows:

• First, you should report to your employer, either yourself or through a representative, the injury sustained by you at your workplace;
• Secondly, details of your injury should be recorded or entered into the employer’s “Register of Injuries”. These details include:
  • Your name, age and address
  • The time and date of your injury
  • The cause and nature of your injury and all other details as may be required by the law of the state where you have sustained the injury;
• Thirdly, a medical certificate issued by your nominated treating doctor should be provided to your employer in order to obtain weekly payments; and
• Lastly, a claim for workers compensation should be lodged with the relevant insurance company. Upon acceptance of your personal injury claim, you will be entitled to receive a weekly wage, out of pocket expenses and medical reimbursements.

Learn more:

• Common Law claims

Our workers compensation lawyers will get you the compensation you deserve

Injured workers are entitled to receive certain compensation for sustaining a work related injury, which includes:

• Weekly workers compensation payments depending on the gravity of the injury received and the duration of time you have been off work;
• Reimbursement of medical expenses;
• Income loss payments in case you are unable to work caused by the injury; and
• Payment of a lump sum amount for any permanent injury.

Partial incapacitation

Where the injury has caused partial incapacitation, you will be entitled to receive workers compensation after deducting your notional earnings. Notional earnings include the amount that you can earn from a for your present situation, even if you are unable to get such work.

Total and permanent disability

If you become totally and permanently disabled from your workplace injury, you can make a claim for early release of your superannuation fund. In the event your superannuation fund also provides for insurance covering Total and Permanent Disability Compensation Claim (TPD), you can also make a claim for a payout under the TPD insurance policy. Let our workers compensation lawyers help you during this painful time.

Learn more: 

• Superannuation insurance
• Total And Permanent Disablement

Lump sum offer from WorkCover

When your workplace injury results in permanent impairment, you may be offered a lump sum amount against your compensation claim. However, you must be very careful while accepting such offers made by the workers compensation insurer. An improper response to such an offer can actually render you incapable of pursuing a common law right to claim damages for pain and suffering under Australian compensation laws.

Learn more: WorkCover claims

It is therefore advisable to seek legal advice from specialist workplace compensation lawyers prior to accepting an offer for lump sum payment. In New South Wales (NSW), lump sum compensation claims for permanent impairment are made under the Workers Compensation Act 1987. You will receive the lump sum compensation in addition to your other benefits including weekly payments, medical expenses, and rehabilitation costs.

Assessment of permanent impairment

The degree of your permanent impairment will be assessed by a medical specialist suitably trained with the guidelines as provided under the “WorkCover Guides for the Evaluation of Permanent Impairment”. Your prospective employer is required to:

• send the claim to the insurer;
• respond to queries of the insurer for additional information; and
• forward any or all the documentation required in relation to the compensation claim to the insurer.

The insurer, upon satisfaction, will accept your permanent impairment assessment and settle your claim for compensation.

Workers compensation claim time limit

The time limit to make a claim depends upon the particular workers compensation laws in the state or territory where your accident took place. In NSW, the time limit to make a claim is generally 6 months from the date of your injury or accident.

You can also make a claim after the expiry of the 6 month period in the event such failure is due to ignorance, mistake or absence from the state where you’re making the claim for workers compensation. A claim for injuries resulting in death or serious permanent impairment may be made within 3 years from the date of the injury or death.

Learn more: personal injury claim time limits

Contact our workplace compensation lawyers to start your claim

The experienced workers compensation lawyers at Owen Hodge Lawyers handle a variety of workplace accidents and workcover claims. Rest assured that the team is familiar with the Workplace Injury Management and Workers Compensation Act 1998 as well as all the other relevant NSW workers compensation legislation, and will handle your case with the utmost care. Get in touch with our experienced workers compensation lawyers (Sydney).

Examples of workplace compensation claims:

• Catastrophic injury
• Head injury compensation claims
• Eye injury compensation claims
• RSI compensation claims
• Asbestos compensation claims