HAVE YOU BEEN INJURED AT WORK?

DO YOU NEED MEDICAL TREATMENT AND THE INSURER HAS NOT PROVIDED YOU WITH A RESPONSE?

Workers Compensation Claims in New South Wales

In New South Wales, Workers’ compensation is available to workers who suffer from work-related injuries or illnesses, whether they are at fault or not.

The workers compensation system in NSW is designed to ensure that injured workers receive reasonably necessary medical treatment, rehabilitation, and compensation for lost wages. 

Types of Injury

Coverage under workers compensation in NSW extends to a wide range of work-related injuries and illnesses. It applies to both physical injuries, such as fractures, strains, and burns, as well as occupational diseases and mental health conditions caused or exacerbated by the work environment. The coverage encompasses full-time, part-time, casual, and self-employed workers, ensuring that individuals in various employment arrangements are protected.

Back injuries, injuries from lifting or falling and mental health injuries are the most common injuries that occur at work and they can result in serious injuries and disabilities.

I have vast experience across many industries from Corrective Services and the Department of Education through to Construction, Trades, Offices, Manufacturing and Healthcare sectors.

What you can Claim

When you sustain a work-related injury or illness you are entitled to certain benefits under the workers compensation scheme. 

These benefits include:

1. Compensation for lost wages when you are unable to work due to your injuries. The amount of compensation is typically a percentage of your pre-injury earnings and is subject to certain limits;
2. payment of reasonable medical expenses, such as doctor visits, hospital treatments, medications, and surgery; and
3. lump-sum compensation for whole person impairment (WPI) due to your injury or illness. To be eligible to make a lump sum compensation claim, for a physical injury you must have more than 11% WPI and for a mental injury you must have more than 15% WPI.

Making a Claim

To make a workers’ compensation claim in New South Wales (NSW), follow these steps:

1. Report the Injury: As soon as possible after the injury occurs, report it to your employer or supervisor. Provide them with details about how the injury happened, when it occurred, and any witnesses present. Reporting the injury promptly is crucial, as there are time limits for making a claim.
2. Seek Medical Treatment: If your injury requires immediate medical attention, seek medical treatment without delay. Inform the healthcare provider that your injury is work-related. They will provide you with necessary medical documentation, such as medical certificates, reports, and records, which will be essential for your claim.
3. Notify your Employer: Notify your employer in writing about your intent to make a workers’ compensation claim. Include details such as the date of the injury, how it occurred, and any medical treatment received. Ensure you keep a copy of the notification for your records.
4. Complete a Workers’ Compensation Claim Form: Obtain a Workers’ Compensation Claim Form from your employer, insurer, or the State Insurance Regulatory Authority (SIRA) website. Fill out the form accurately and provide all relevant details about the injury, the circumstances surrounding it, and any medical treatment received. Be sure to sign and date the form.
5. Submit the Claim Form: Submit the completed Workers’ Compensation Claim Form to your employer or their workers’ compensation insurer. Keep a copy of the form and any supporting documentation for your records. Ensure you meet any required deadlines for submission.
6. Follow up with your Employer and Insurer: After submitting your claim, maintain regular communication with your employer and the insurer. Provide any additional information or documentation they may request promptly. Keep records of all communications and copies of any correspondence exchanged.
7. Upon receiving the claim, the insurance company will assess its validity and make a determination. They may request additional information or seek an independent medical examination to evaluate the extent of the injury and its impact on your ability to work. Once the claim is approved you will start receiving the appropriate benefits, such as medical expenses coverage and wage replacement payments.
8. Seek Legal Advice: If your claim is complex, disputed, or you encounter difficulties during the process. There are time frames insurers are to work within to provide you with the medical treatment and payments that you need. If you have requested medical treatment and your request has gone unanswered for months (or declined) contact me to discuss your options. I will guide you to ensure that your rights are protected and I will assist you to navigate any disputes or challenges that arise.

Disputes

In cases where a dispute arises regarding the claim or the amount of compensation, you can seek resolution through the Personal Injury Commission. This independent body provides a forum for dispute resolution, where both parties can present their arguments and evidence. The Commission has the authority to make decisions and orders regarding the claim, ensuring a fair and impartial resolution.

Legal Fees

You will not pay any legal fees for bringing a workers compensation claim.

Lawyers are not entitled to charge any NSW worker for any costs or disbursements in Workers Compensation Claims as these are paid for through the Independent Legal Assistance and Review Service (ILARS) established by the Independent Review Office (IRO). The Independent Review Officer is an independent statutory office established under the Personal Injury Commission Act 2020.

As an IRO Approved Lawyer, I act in matters where IRO provides funding to act on your behalf.  I will apply to (IRO) for funding to cover the legal fees so that there is no cost to you.

If you have sustained an injury or illness at work or while performing your usual work activities, you may be entitled to claim workers compensation. I have extensive experience with managing workers compensation claims and helping those with work-related injuries (both physical and mental) achieve the maximum compensation they are entitled to. 

If you need help, or if you have any questions about what is happening to you during this time, contact rita@rplawyer.com.au or call 0404 09 33 74 for a no-obligation discussion and for expert legal advice.