Workers Compensation Claim
Workers Compensation
What is a Workers Compensation Claim?
Workers Compensation is an insurance policy taken out by employers to protect and provide benefits to workers who have been injured or suffer mental health illnesses as a result of their work/employment.
If you have suffered an injury at work or in the course of your employment, you may be entitled to compensation and benefits through a workers compensation claim.
At Law Works Compensation Lawyers, we specialise in helping injured workers receive the compensation they are entitled to.
Types of Workers Compensation Claim
A workers compensation claim arises from any accident or illness sustained in the workplace. It is a “no fault” based scheme.
A workers compensation claims can arise from various workplace injuries and illnesses, including but not limited to:
Slip and fall injuries at work
Construction and building site accidents
Industrial accidents
Warehouse accidents
Office injuries
Psychological injuries (including bullying and harassment)
Workers Compensation Benefits
- 1. Weekly Payments
Entitles you to a portion of your lost income while you’re unable to work, typically covering 95% of your pre-injury earnings for the first 13 weeks and 80% thereafter. The length of time you are entitled to weekly payments is determined by the nature of your injuries and treatment. - 2. Medical Expenses
Payment of reasonably necessary medical and treatment expenses including doctors, specialists, hospitals, medications, and other treatments related to your injury or illness. - 3. Rehabilitation Expenses
Supports your recovery through services such as physiotherapy, occupational therapy, and other necessary rehabilitation treatments. - 4. Home Care Expenses
If your injury impacts your ability to perform daily activities, the workers compensation insurer may cover the cost of in-home care and support. - 5. Permanent Impairment Lump Sum
A lump sum compensation payment awarded for your injuries sustained should you meet the necessary whole person impairment threshold. The threshold is determined by a medical professional and relevant workers compensation guidelines.
- 6. Death Benefits
Financial support to dependents if a work-related injury or illness leads to the death of a worker. - 7. Damages Compensation
Commonly referred to as a Work Injury Damages Claim, which claims your past and future loss of income plus superannuation benefits, in circumstances where you accident or injury was caused or contributed to by your employer’s negligence. Click here to learn more.
Do I need a Workers
Compensation Lawyer?
At Law Works Compensation Lawyers, we are experts in the workers compensation scheme and are committed to advocating for your rights.
Our team will fight to ensure you receive the full compensation and support you deserve, guiding you and dealing with the workers compensation insurer at all steps of the process.
We understand that sustaining an injury can have a significant impact on your life and this is why allowing us to take care of your claim assists you in focusing on your recovery.
Are there time limits?
It is important that you notify your employer of your accident and injuries as soon as practicably possible. An injury claim form is to be lodged with your employer and workers compensation insurer in order for you to start receiving your benefits. We can help you with lodgment of the claim form.
It is important to note that if you are bringing a negligence claim (a Work Injury Damages Claim) you have 3 years from the date of the injury to commence legal proceedings.
We recommend instructing Law Works as soon as possible to ensure your claim is properly lodged, you are receiving all of your entitlements and we can investigate any other potential claims such as your Permanent Impairment Lump Sum Claim or your Work Injury Damages claim or any additional third party claims.
Are there time limits?
It is important that you notify your employer of your accident and injuries as soon as practicably possible. An injury claim form is to be lodged with your employer and workers compensation insurer in order for you to start receiving your benefits. We can help you with lodgment of the claim form.
It is important to note that if you are bringing a negligence claim (a Work Injury Damages Claim) you have 3 years from the date of the injury to commence legal proceedings.
We recommend instructing Law Works as soon as possible to ensure your claim is properly lodged, you are receiving all of your entitlements and we can investigate any other potential claims such as your Permanent Impairment Lump Sum Claim or your Work Injury Damages claim or any additional third party claims.
Did you know?
In a Workers Compensation Claim – Law Works have a ‘No Fee, No Costs* ‘ guarantee. We will not charge you, EVER.
Our fees and costs are payable by the Independent Review Office (IRO) or in some cases, the Workers Compensation Insurer. Never by you.
How Law Works Can Help
Our experienced team is dedicated to advocating for your rights. Here’s how we can assist you:
Expert Legal Guidance
We'll provide you with expert legal advice and guidance tailored to your individual circumstances.
Investigation and Evaluation
We'll thoroughly investigate the circumstances surrounding your accident to determine liability and assess the full extent of your damages by gathering the relevant medical material to present to the insurer.
Negotiation with Insurers
We'll handle all communication and negotiation with the Workers Compensation insurer including making treatment disputes or a permanent impairment claim on your behalf.
Litigation
If your claim is wholly disputed or the insurer disputes an entitlement such as the need for surgery, we will take your case to the Personal Injury Commission to fight for your rights.
Frequently Asked Questions
If you have been injured at work, don’t delay seeking the legal advice and representation you need. Contact Law Works today to schedule a consultation. Let us advocate for your rights and guide you through the workers compensation claims process with care and expertise.
You should ask your GP for a Certificate of Capacity to assist with lodging your claim. Ensure your GP records a proper history of your accident including your injuries sustained. Once you have this Certificate of Capacity, call us at Law Works and we will help you complete your claim form and ensure you receive your entitlements in a timely manner.
All employees in NSW are entitled to workers compensation benefits, regardless of employment type (full-time, part-time, casual).
Workers compensation insurers usually have 7 days to determine whether to accept or reject your claim. If they require additional information, this period may be extended, but they must inform you within those 7 days.
In most instances, claims are provisionally accepted for 12 weeks, allowing you to receive provisional payments while further investigations are conducted.
Simple claims without disputes might be resolved within a few months, whilst more complex cases—such as those involving severe injuries, disputes arising from medical disagreements or liability issues— can take significantly longer, potentially extending over several months or years.
- Yes, in NSW, you can take annual leave while receiving workers compensation benefits under the Workers Compensation Act. Some important points to keep in mind:
• Accrual of Leave: You will continue to accrue annual leave at your usual rate while receiving workers compensation benefits, provided you remain employed.
• Agreement with Employer: You need to coordinate with your employer regarding the timing and duration of your annual leave to ensure it fits with your recovery plan and your medical advice.
• Limitations: Your employer cannot force you to use annual leave during your workers compensation period. Additionally, it is not recommended that you take annual leave if it could hinder your recovery or rehabilitation.
Yes, you can resign while receiving workers compensation benefits in NSW. However, you must provide the appropriate notice period as specified in your employment contract or relevant award, and you may use your workers compensation period as your notice period.
Although resigning is your right, it could impact your entitlements, especially your weekly payments, as you are expected to be “ready, willing, and able” to return to work.
If your resignation is considered unrelated to your work injury, your weekly compensation payments may be reduced or discontinued. Given the potential complexities and implications for your claim, it is advisable to consult a lawyer before resigning while on workers’ compensation. At Law Works we can evaluate your situation and provide guidance on how to best protect your employment rights and entitlements.