Workplace Injury

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A work injury leaves you vulnerable and uncertain about what's ahead. You may worry about your family or feel frustrated by the workers' compensation process.  

Workers compensation laws in New South Wales are complicated and often challenging to navigate. It can take years of training and experience to understand how the system works.

We're experts in work injury compensation claims. Because we act only for workers and never employers or insurers, we'll help you secure your fair share of compensation.

With funding from the Independent Review Office, we'll look after your claim at no cost to you. That means you're free to focus on your recovery. 

What is a workplace injury?

Workplace injuries are sometimes also known as work-related injuries or worker injuries.

A workplace injury is a mental or physical injury (including death) that happens when the worker is:

·         In the workplace; or

·         Out of the workplace but doing something work-related; or

·         On a scheduled work break; or

·         In other work-related circumstances

Workplace injuries can happen immediately, for example, a broken leg due to a fall at work. Or they can happen over a period of time, for example, gradual hearing loss due to a noisy work environment.

What is work injury compensation?

Work injury compensation is also referred to as workers compensation.

It's money paid to compensate you for your work injury or accident, regardless of whether it was your fault. Usually, the workers' compensation insurer pays the money on behalf of the workplace. Most workplaces are legally required to have workers' compensation insurance.

What are the types of work injury compensation?

There are three different types of work injury compensation:

1.     Weekly payments

If you can't work because of your injury, you may be entitled to weekly payments (or benefits) due to your incapacity for work

2.     Medical expenses

The insurer may pay your medical expenses if considered reasonably necessary. They may include travelling to and from appointments  

3.     Lump-sum payments

For permanent impairment, you may be able to claim a lump-sum payment in addition to weekly payments and compensation for medical expenses

Who can claim work injury compensation?

To establish whether you're eligible to claim work injury compensation, it is first necessary to confirm whether you can be considered a worker under NSW laws. Employees are workers, but if you're a contractor, it may not be so straightforward. 

Generally, NSW workplaces aren't required to insure contractors against workplace injuries. However, some contractors may be considered workers. It may happen when a contractor's role more closely resembles an employee, even if they're not formally employed. They may be considered a worker if they're:

• Directed by the workplace about what tasks to perform
• Paid for the time they spend working (rather than by the job)
• Using the workplace's tools and equipment
• Not engaged to work for anyone else

Some circumstances that may determine that a person is genuinely engaged as a contractor include that they:

• Perform the tasks independently
• Engage subcontractors to perform the tasks
• Give a quote to do the task and are paid according to the quote
• Use their own tools
• Have a business name and Australian Business Number (ABN)

The upshot is that a contractor may be considered a worker depending on the circumstances, and every situation is different. 

For some employees and sub-contractors working in specific areas, there are some other things to consider, for example:

• Construction Workers
• Hospitality Workers
• Office Workers
• Warehouse Workers
• Tradespeople
• Nurses & Aged Care Workers
• Emergency Services Professionals
• NSW Coal Miners
• Baggage Handlers

Contact us to learn more about your eligibility to make a work injury compensation claim.

How much will it cost to make a work injury compensation claim?

In most cases, we don't charge our clients for work injury compensation claims. We don't charge for our legal fees, and we don't even ask you to pay for the other expenses. It means that you won't be out of pocket at any stage of your claim.

But how do we manage to do this? Our work injury legal team has Independent Review Office (IRO) approval. It allows us to apply for funding grants to help injured workers with work injury claims. Once we've established that you're eligible to make a claim we can get your claim moving, and you can enjoy some peace of mind.

Contact us to learn more about our work injury compensation services

How do I make a work injury compensation claim?

To make a work injury compensation claim, you must first report the accident or injury to your workplace. You should also make sure the details are recorded in your workplace's Register of Injuries. You must do this within 30 days of your injury or accident.

Next, you'll need to visit your doctor for assessment and treatment of your injury. Then, if appropriate, your doctor will give you a Certificate of Capacity, which you will need in order to make a work injury compensation claim.

You can download and print a claim form from the State Insurance Regulatory Authority website if you haven't already received one from your doctor or workplace.

Complete the form, attach your Certificate of Capacity and make a photocopy for yourself. Then, give the original claim form and Certificate to your workplace. Your workplace must provide the claim to its workers' compensation insurer.

The insurer will decide whether to accept your claim. In the meantime, it may choose to give you weekly payments immediately, delay the payments, or dispute the claim. Whatever its decision, it's vital that you contact us once you've submitted your claim so we can give you a free assessment.

Usually, there's a limit of six months from the date of your injury to submit your claim. If you've taken longer to submit your claim, contact us for advice.

What can I claim?

In addition to claims for weekly payments, medical expenses and lump sum payments, you may also be able to claim:

·         Domestic assistance

·         New employment assistance

·         Education or training assistance

·         Property damage

·         Funeral expenses

·         Pain and suffering

Different laws will apply if you were injured before 21 October 2019. In these circumstances, we recommend seeking legal advice from an experienced work injury lawyer.