Workers Compensation Lawyers
Workers Compensation Lawyers in Newcastle, Central Coast and Hunter Region
Burke Mead Lawyers are an experienced team of compensation lawyers in Newcastle, assisting clients in a range of personal injury law matters, such as workers compensation for work related injury and other personal injury claims.
Our legal services are delivered by a team of expert personal injury lawyers, whose experience with court proceedings and knowledge of workers compensation and personal injury claims will assist in guiding you to the most beneficial resolution.
Whether you are dealing with a straight-forward compensation claim or need support with more complex compensation law, our team can offer guidance and expert advice every step of the way.
For practical legal advice, contact Burke Mead Lawyers about a workers compensation consultation today.
The Benefits of Working with Workers Compensation Lawyers
Legal representation in personal injury law matters is extremely beneficial, as personal injury compensation lawyers specialise in mediation and negotiation to personal injury disputes.
Burke Mead Lawyers are some of the top personal injury lawyers in Newcastle, the Maitland Hunter region, and Central Coast, including Emma Mead – the Director of Burke Mead Lawyers and an Accredited Specialist in Personal Injury Law and Accredited Mediator.
For some, the compensation process can be seamless and for others it can be tough. There can be a significant amount of forms, medical appointments, medical and psychological professionals, and insurance companies to deal with throughout this complex process.
Thankfully, workers compensation legislation means an injured worker has access to specialist workers compensation lawyers (all the lawyers at Burke Mead are qualified) who can provide advice and representation to assist through every step of this process.
When an insurer refuses to pay medical bills and treatment or stops paying your wages, you can call us on 4902 3800, or email us on [email protected] and find out what to do and how we can assist you.
Workers Compensation Law FAQs
What is Workers Compensation?
Workers Compensation is a form of insurance payment to employees if they are injured at work or become sick as a result of the work they do. The payment is designed to cover employees wages while they’re not fit for work and medical expenses/rehabilitation.
Employers in each state or territory are required to take out workers compensation insurance to cover themselves and their employees. Each state and territory also has their own regulators and administers who can assist or provide advice on your workers compensation case. In NSW, this regulator is SIRA (State Insurance Regulatory Authority).
If you believe you are eligible to make a Workers Compensation claim, contact Burke Mead Lawyers, a legal team experienced in workers compensation claims, for an initial free consultation.
What should I do if I have been injured at work?
If you have been injured at work and believe you may require legal representation to be appropriately compensated, you should contact Burke Mead Lawyers. To prepare for a consultation about your work-related personal injury, you will need to write down as much information about the injury, how it happened, etc. as you can. Where and when you were injured, how it happened and the physical or psychological injuries suffered mean a lot to the Burke Mead team, as this information lets us explain the law, as it applies to you.
What types of injuries can potentially be claimed under Workers Compensation in NSW?
There are various kinds of injuries that could form the basis for a workers compensation case in NSW if they occur as a result of work, such as:
- Back Related Injuries, including spinal and slipped disc injuries
- Arm injuries, including hands and fingers
- Leg injuries, including foot or toe injuries
- Head, neck, or eye injuries
- Brain injuries
- Repetitive strain injuries
- Construction injuries
- Death dependency
- Cancer conditions
- Heart attacks
- Severe stress
- Soft tissue injuries
- Chemical and asbestos exposure
- Industrial asthma and other lung conditions
- Industrial deafness
- Infectious conditions
- Psychological conditions
- Diseases caused by work
- Diseases or pre-existing conditions made worse by work
- Injuries suffered whilst traveling for work
- Injuries suffered while receiving medical treatment for a separate work injury
How does workers compensation work in Australia?
According to the Australian Institute of Health and Welfare, workers’ compensation is designed to provide financial support if a person is injured at work or becomes sick due to work. The compensation in question can include payments to cover their wages while the injured individual is unable to work, payments for medical expenses and rehabilitation costs, and lump sum payments where an injury is deemed permanent.
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In Australia, the most common type of personal injury for serious claims were for injury and musculoskeletal disorders (89% in 2017–18), reported by Safe Work Australia 2020. The remaining serious claims were for diseases, including mental health conditions (7.5%), digestive system diseases (1.9%), and nervous systems and sense organ diseases (1.0%).
Overall, 41% of claims were for traumatic joint/ligament and muscle/tendon injury, followed by wounds, lacerations, amputations, and internal organ damage (16%) and musculoskeletal and connective tissue diseases (14%). Fractures accounted for 11% of serious claims, and mental health conditions 7.5%.
All employers in every state and territory of Australia are required to provide Workers’ Compensation, which is a compulsory statutory form of insurance. It provides protection to workers if they suffer a work-related injury or disease.
In NSW, benefits available to injured employees under workers compensation are determined by the Workers Compensation Act NSW 1987 and the Workplace Injury Management and Workers Compensation Act NSW 1998.
These pieces of NSW legislation also stipulate the rights and responsibilities of both the injured worker and the employer to ensure the injured worker receives their benefits and assistance to recover and return safely to work.
To cover your employees with workers compensation, you will need to contact a licensed insurer and make an application. In New South Wales, workers compensation is mandatory through ICARE. You will need to provide some information, including how much you have paid (or expect to pay) in wages and how many workers need to be covered.
According to SIRA (State Insurance Regulatory Authority), under workers compensation legislation NSW every employer is required to:
- have workers compensation insurance
- display the If you get injured at work poster
- have a documented return to work program describing the steps you will take if a worker is injured
In regards to the amount you could potentially receive from a claim is dependent on a variety of factors and your personal injury circumstances.
Where in Australia your injury happened can affect the claim, as each state and territory has its own scheme and regulatory authority that oversees it. The date of your injury can also impact your claim. As your personal injury lawyers, we need as much information as possible to put evidence for your case together to support your claim. At this point, we should be able to provide realistic expectations for your claim and advice on how to proceed.
To ensure you get the best outcome from your claim, it’s important that you seek legal advice PRIOR to accepting any lump-sum payment from an insurer.
As Workers Compensation is a type of insurance and a requirement for all NSW employers, any payout following a successful compensation claim will be paid by your employer’s insurance company.
The purpose of insurance companies is to provide cover for specific circumstances. In the case of Workers Compensation, it provides peace of mind for businesses in the event employees suffer work-related injuries or diseases.
The role of BurkeMead’s personal injury lawyers, Newcastle, is to assist claimants in making a successful claim to receive the full amount of compensation they’re entitled to.
In short, yes. There are strict time limits associated with making a workers compensation claim, which is why we recommend that you find the right legal advice, from experienced professionals, as soon as possible. The claim must be made within six months of a worker’s injury or accident occurring or of the claimant becoming aware of the injury. This time limit may be extended in certain circumstances.
In NSW there are no “out of pocket” costs if you are eligible to make a statutory workers compensation claim. The Independent Review Office (IRO) provides funding upon successful application, which covers most costs.
We understand finances can be a complicated matter and can discuss all financial information during the initial obligation-free consultation.
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