NSW Workplace Injuries Workers’ Compensation Claims for Workplace Injuries
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Find out everything you are entitled to claim and get the right advice for an easy claim process. Attwood Marshall Lawyers can help you with work injury compensation claims and are specialist personal injury lawyers.
If you suffer from an injury at work or by performing some activity in connection with your work, or travelling to or from work, you may be eligible to make a workers’ compensation claim for an injury sustained in New South Wales.
There are five basic entitlements to compensation. They are:
Weekly payments of workers' compensation
Medical expenses
Permanent impairment benefits
Pain and suffering benefits
Death benefits.
Weekly workers' compensation is payable if you are totally incapacitated for work. If you have returned to work and you are earning less money you can also claim make-up pay.
Medical expenses, including all medical charges and private hospital fees, are covered by the legislation. In addition you are able to claim travelling to and from the doctors, currently at the rate of $0.55 per kilometre.
Permanent impairment benefits are payable based on the amount of damage suffered to the particular body part which results in a permanent loss of function, e.g. lower back pain, knee problems, shoulder injuries. The amount of money payable is worked out based on a whole person impairment percentage rating.
A further payment for pain and suffering is payable if the whole person impairment (WPI) is greater than 10%.
Death benefits allow for payments of a lump sum and weekly payments for surviving family members in the event of a work related death.
What Time Limits Apply?
A claim for workers’ compensation with a Medical Certificate must be lodged with the employer within six (6) months from the date of the injury. The six month time limit can be extended in certain specific circumstances.
A common law claim against the employer must be lodged within three (3) years of the date of the injury. Certain administrative procedures must be followed well prior to the three year time limit expiring to ensure compliance with the complex legislation.
Cases for Statutory Workers' Compensation Benefits under NSW law are heard at the New South Wales Workers' Compensation Commission. The Commission provides a non-adversarial administrative forum for the resolution of disputes. Certain medical issues are determined by doctors and other disputes are determined by arbitrators. Generally both workers and insurers are represented by solicitors or barristers at the Workers' Compensation Commission.
Can My Legal Costs Be Covered?
Yes. The New South Wales Workplace Injury Management Act provides that a worker's costs are paid by the New South Wales worker's compensation insurer provided the claim is successful, including legal disbursements. Attwood Marshall clients have the benefit of having their professional costs and disbursements met by the insurer in successful cases.
