Workers Compensation Claims

Supporting you through the difficult and sometimes lengthy process of obtaining compensation claim

If you have been injured at work or travelling to or from work, you may qualify for Workers’ Compensation under the New South Wales workers compensation scheme which is administered by Workcover NSW. The Scheme administers weekly payments, lump sum payments for permanent impairment, payments for pain and suffering as well as payment of medical bills and intensive rehabilitation assistance. Your injury must be a direct result of your employment, or happen in the course of your employment. You must be a ‘worker or ‘deemed worker’ to be eligible for a compensation claim.

What is a Workplace Injury?

A workplace injury means an injury or disease suffered by a worker which arises out of, or in the course of their employment. This includes an injury incurred on your way to work or your way home from work. If you are required to attend any other places for work and are injured travelling to these places you are also eligible for workers compensation under the Scheme.

Why Do I Need a Lawyer for my Workers Compensation Claims?

The simple answer is to ensure that you are receiving all the benefits you are entitled to. We can be of assistance if:

  • your workers compensation claim has been rejected
  • your workers compensation benefits have been stopped
  • your earning capacity or benefits are under review
  • you think you are entitled to a lump sum for your injury
  • your employer has told you not to make a claim / has offered you a lump sum
  • you want to know if a lump sum you have been offered is fair
  • you want to know whether you can claim damages for your injury

Are there Time Limits to Making a Claim?

Yes there are various time limits you need to be aware of.

Day 1. Entitlement to compensation arises on the day you are assessed by a medical practitioner. It is important to ensure you consult a doctor as soon as possible after sustaining an injury or illness.

28 days from the date of injury – If a claim for weekly payments and medical expenses made after the first 28 days WorkCover will not pay you for the first 28 days.

6 months from the date of injury – A claim for weekly payments and medical expenses is generally only valid when it is lodged within the first 6 months. If the failure to make a claim within six months is the result of ignorance, mistake, or absence from the State a claim for workers compensation can still be made.

3 years from the date of injury – A claim for Common Law Damages must be made within 3 years. If a claim is not made within three years but relates to an injury resulting in death or serious permanent impairment of the worker, the claim may still be made.

There is no time limit on lump sum claims for permanent impairment – provided WorkCover accepted liability for the weekly payments and medical expenses at the time the injury occurred.

It is important to ensure you meet all of your obligations under the Scheme. WorkCover provide a clear set of steps on their website – What a Worker Must Do.

Workcover offers good information including Quick Answers for Workers.

How Do I Claim Workers Compensation?

There are a few options for making a workers compensation claim. You can complete a WorkCover claim form (link), or you can ask your doctor to lodge a claim form for you, or you can call WorkCover on 13 10 50.

If you want help to lodge your claim correctly, or for any other issues related to your workers compensation claim please get in touch if you would like to find out more. There is no charge to make an initial enquiry.

 

Workers Compensation Resources

“Thanks to Emma and Janette for all your hard work over the course of the legal process, you are a great team! I was really lucky to have found Burke and Mead Lawyers as it was only through a relation of a local farmer here in Ireland who had put me in touch with you. If I had any advice for someone in my situation as a farmer who suffered from a serious personal injury, it would be to call a lawyer immediately after the ambulance. I didn’t appreciate the severity of the situation at the time and I should have acted while I was in hospital as it almost cost me dearly. Thankfully, it has all worked out in the end. ‘Go raibh mile maith agat’ (means thank you in Irish)”

PT – Ireland

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