Workers Compensation Lawyers

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.