Workers Compensation

If you have sustained an injury at work, or have been injured during travel to and/or from work, you may be entitled to claim workers compensation. You may even qualify for workers compensation for conditions such as ‘repetitive strain injury’ (RSI) and stress due to being over-worked. In these instances, it’s imperative that you seek the advice of an experienced workers compensation lawyer. 

Our Workers Compensation Lawyers have extensive experience with managing Workers Compensation claims and helping victims of work related injuries to achieve the maximum compensation they are entitled to.

Expenses for Workers Compensation Claims

You are not required to pay any fees up front as our experienced lawyers are Approved Legal Service Providers with the Workers Compensation Independent Review Office (WIRO). WIRO’s Independent Legal Assistance and Review Service (ILARS) provide injured workers with legal funding to resolve workers compensation disputes. Funding can be obtained for your legal costs, medical reports, and reasonably necessary incidental expenses. As approved providers, we will seek the necessary funding approval to assist you in investigating and resolving your claim. To arrange a meeting with an experienced workers compensation lawyer, contact us today as strict time limits often apply to workers compensation claims.

What can Workers Compensation Cover?

  • Permanent Impairment lump sum compensation
  • Loss of wages
  • Medical expenses
  • Rehabilitation expenses
  • Retraining in certain circumstances

Eligibility for Workers Compensation Claims

If you are a ‘worker’ as defined by the Workers Compensation Act 1987 (NSW) and sustained a workplace injury, then you may be eligible to receive benefits. However, your employment must be determined to be ‘a significant contributing factor’ or, in some cases ‘a material contributing factor’, causing your injury for you to be entitled to claim benefits. Work injuries that involve workers compensation can include:

  • Personal Injury including fractures & broken bones and significant soft tissue injury
  • Disease
  • Aggravation or acceleration of an existing personal injury or illness that leads to further damage
  • Death due to injury, disease or aggravation of either
  • Mental or psychological disorders

Claims for mental and psychological disorders can often be difficult to prove. In these instances, external factors are assessed to determine whether you will be compensated for your disorder. You will often be requested to produce witnesses who are willing to provide statements to support your claim.

For example, if you have suffered a physical or psychological injury as a result of your working conditions, witnesses who experienced or had prior knowledge of the conditions can provide evidence of this situation in support of your claim. Our workers compensation lawyers can provide you with guidelines on the matter.

Workers Compensation – Travel To & From Work

For injuries prior to 19 June 2012, workers compensation covers injuries that occur on the way to and from work. However, compensation is not available if the injury:

  • is completely, or partly caused by your action (e.g. drink driving, failure to read road signage)
  • occurs during, or after a substantial delay or interruption/deviation from the journey before you start the journey

As of 19 June 2012 journey claims have virtually been abolished and are now limited to circumstances where it can be shown that there is a “real and substantial connection” between the employment and accident or incident.

This change does not apply to police officers, paramedics, firefighters and coal miners.

Claiming for Workers Compensation

If you have been injured at work and wish to apply for compensation you should:

  • Report the injury to your employer immediately
  • Seek medical attention – if you cannot continue working due to injury, you should visit a doctor to receive a SIRA approved Certificate of Capacity
  • If the doctor agrees your injury is work-related, request a SIRA approved Certificate of Capacity. You will need to send a copy of the medical certificate to the workers compensation insurer and one to your employer
  • Keep copies of all Certificates of Capacity
  • Complete an ‘Worker’s Injury Claim Form’ (available from your employer, union or the SIRA website)
  • Provide copies of all paperwork completed to your employer or its workers compensation insurer (including all forms mentioned above, if applicable, documenting the injury)

Workers Compensation and Employer’s Responsibilities

In NSW the statutory authority on workers compensation is the State Insurance Regulatory Authority (SIRA). SIRA appoints a number of insurance companies to act as its agents to manage workers compensation claim on its behalf. However, in the event that your employer is classified a ‘self-insurer’ (those who have obtained alternative insurance for their employees), you will need to make a claim for workers compensation directly from your employer instead of an insurance company.

If your employer does not have appropriate Workers Compensation insurance cover, they are in breach of the Workers Compensation Act. If this is the case, you are still entitled to make a claim under the Uninsured Liability and Indemnity Scheme and should  contact one of our specialist worker’s compensation lawyers at TK Legal to assist you with your workers compensation claim. 

In certain circumstances you may be able to sue your employer for damages as a result of an accident at work. To do so, your level of permanent impairment needs to be at least 15% as agreed with the insurer or assessed by an Approved Medical Specialist appointed by the Workers Compensation Commission. TK Legal has extensive experience in Workers Compensation and employer negligence claims, can guide you through the difficulties and complexities of workers compensation claims and insurance litigation.

To ensure you receive the maximum compensation or a fair settlement, it is pertinent to contact a workers compensation lawyer as soon as possible.

Workers Compensation Statutory benefits may include:

  • weekly compensation payments (up to 95% of pre-injury average weekly earnings)
  • medical costs (treatment, hospitalisation, rehabilitation etc)
  • transportation expenses
  • lump sum compensation for permanent whole person impairment

If you need any assistance contact one of our lawyers at [email protected] or call +61 2 9212 2422 for a no-obligation discussion and for expert legal advice.