WORKERS COMPENSATION NSW
Suffering an injury at work can be physically, emotionally, and financially devastating. Beyond the pain and stress, the complex system of insurers, medical providers, and rehabilitation experts can make it overwhelming to understand your rights and entitlements.
If you have suffered a workplace injury in NSW, you may be entitled to workers compensation benefits. These can include weekly payments while you’re unable to work, coverage for medical and treatment expenses, rehabilitation support, and in some cases, lump sum compensation for permanent impairment.
The workers compensation scheme in NSW is designed to support injured workers during recovery, but navigating the system without expert guidance can lead to missed entitlements and unnecessary stress during an already difficult time.
At Stacks Goudkamp, our specialist workers compensation lawyers understand the NSW workers compensation legislation in detail. We’ll guide you through the entire claims process, from initial notification to dispute resolution, ensuring your rights are protected at every stage.
WHY CHOOSE STACKS GOUDKAMP FOR YOUR WORKERS COMPENSATION CLAIM?
Our team of specialist workers compensation lawyers have extensive experience helping injured workers throughout NSW navigate the complex workers compensation system. They have successfully represented thousands of clients across all types of workplace injuries, from physical injuries and psychological claims to fatal accidents.
Our workers compensation specialists understand the immense pressure injured workers face while dealing with insurers, employers, medical assessments, and financial strain. We take a thorough and methodical approach to every case, ensuring all aspects of your claim are properly addressed and no entitlements are overlooked.
We have comprehensive knowledge of the NSW workers compensation legislation, including recent amendments and their practical implications. Our lawyers are experts in the claims process, dispute resolution procedures, and presenting cases at the Personal Injury Commission, giving our clients a significant advantage when pursuing their entitlements.
For permanent impairment claims, our team excels at gathering comprehensive medical evidence and effectively challenging inadequate assessments to maximise your lump sum compensation. If your injury qualifies for a work injury damages claim, we have the litigation expertise to pursue these more complex cases successfully.
For those clients who were injured at work in NSW and want to make a workers compensation claim, Stacks Goudkamp Lawyers will not charge you legal fees. Our experienced workers compensation lawyers are Approved Legal Services Providers (ALSP), which means we can run your claim on funding provided by the Independent Review Office (IRO). The IRO is the government agency responsible for some regulation of the workers compensation scheme including paying injured workers legal fees. This means we can provide assistance and advice at no cost to the injured worker.
If you pursue a work injury damages claim, Stacks Goudkamp Lawyers will act on a no win, no fee basis. We understand the financial pressure workplace injuries create, which is why we cover all disbursements such as medical report fees throughout your claim. Our clients are never left out of pocket during what is already a challenging time.
Our reputation for tenacious advocacy and thorough preparation is well known among insurers and their legal representatives. This often enables us to negotiate more favourable settlements without the need for protracted litigation, allowing you to focus on your recovery rather than legal battles.
The workers compensation team at Stacks Goudkamp prides itself on clear communication and genuine empathy. We explain complex legal concepts in straightforward terms and ensure you’re fully informed at every stage of your claim. Your recovery and wellbeing are our priorities, and we tailor our approach to your specific circumstances and needs.
If you’ve been injured at work, don’t navigate this complex system alone. Contact Stacks Goudkamp today for expert guidance through your workers compensation claim.
You will be entitled to workers compensation, so long as you meet the below requirements:
Please note that in the event you have suffered a psychological injury as a result of your workplace, it is important that you also:
This means that your psychological injury was not wholly or predominantly caused due to:
You are eligible for workers compensation in the event you are classified as a ‘worker’ under the workers compensation scheme. For the purpose of the workers compensation legislation, this refers to employees or workers that are ‘deemed employees’.
‘Deemed employees’ come in all classes of workers, including salespeople, labour hire workers, referees, entertainers. Recently, the Courts have leaned towards an assessment of the contract of engagement between the employer and employee. If there isn’t one, the court will consider a set of criteria in determining if a person is a deemed employee, with many factors coming into it, including their reliance on that specific employer, whether your employer paid your tax and superannuation, where your employer supplied your equipment and uniform and often what the “reasonable person” would think.
‘Contractors’ are workers that are not generally covered under workers compensation insurance, and are often required to obtain their own insurance for workers under them. Contractors more often than not, engage in obtaining their own work or contracts, provide quotes for work, and carry on an independent business.
The Workers Compensation scheme covers a multitude of injuries and diseases. Under the workers compensation scheme, you are covered for various physical injuries, psychological injuries, dust diseases, hearing injuries, cardiological injuries, skin injuries etc.
No matter the injury, so long as a worker can establish that their workplace was either the substantial or main contributing factor in causing their injury, the worker will be entitled to compensation.
The Workers compensation scheme also provides compensation for the dependents of a worker, in the event the worker unfortunately dies during the course of, or as a result of, their employment.
A worker will be entitled to a lump sum payment in the event that their injury or injuries are such, that they are assessed over the recommended threshold.
Under the Workers Compensation Scheme, a worker is eligible for a lump sum payment if they are assessed by an Approved Medicolegal Doctor as being over 11% whole person impairment (for physical injuries) or over 15% whole person impairment (for psychological injuries). If the worker is unable to reach these thresholds, they will not be entitled to a lump sum payment, however this does not mean the entitlement to weekly compensation or medical treatment expenses will end, and it will be important to speak with our Lawyers if this occurs.
Different rules apply for emergency workers, like Police, Paramedics and Fire Fighters.
There is also a further lump sum claim that may be made if you have been assessed with a 15% whole person impairment or more. In some circumstances, you may be in a position to make a claim for your economic loss. This type of claim is called a ‘work injury damages’ claim.
Nothing! We don’t charge you anything for workers compensation claims. We are Independent Review Office, IRO (formerly WIRO), approved lawyers. IRO will pay us directly for any work that we do.
We will also fund all your expenses (disbursements), so you are never out-of-pocket. IRO reimburse our expenses at the end of your workers compensation claim.
IRO funding does not apply for emergency workers, like Police, Paramedics and Fire Fighters. Your legal costs are paid by the workers compensation insurer at the successful resolution of your claim.
For all other work injury compensation claims we will represent you on our no win, no fee basis.
In relation to a worker’s compensation claim, all disbursements and legal costs are covered by the Independent Review Office (IRO). IRO is responsible for providing funding to a lawyer in order to investigate or dispute a claim on the workers’ behalf.
This means that any clinical records, reports, necessary travel expenses for assessments, medico-legal reports and legal fees will be covered by IRO.
This is an effective way of ensuring that there is no added financial pressure placed on the injured worker, whilst ensuring they are afforded legal advice.
In order for a worker to make a claim for negligence against their employer, they must meet two criteria:
Once the worker has proceeded with their lump sum compensation claim under the statutory scheme, and it is confirmed that they are 15% whole person impairment or over, they will then be able to pursue the claim through the civil system so long as there was negligence.
In the event you are eligible to bring forward a negligence claim, or Work Injury Damages claim, as it is often referred to, you are eligible to make a claim for your past and future economic loss.
Under the workers compensation legislation, a worker that is injured in the course of work, is only eligible for the loss of earnings (and superannuation) as a result of the workplace injury.
The weekly payments that you receive in the event that you are off work as a result of your workplace injury will differ from your weekly earnings just before the time of your injury.
Under the Workers Compensation Scheme, the insurer will assess your Pre-Injury Average Weekly Earnings (PIAWE) for the period 52 weeks prior to the injury (or less in the event the worker has not worked for the employer for that long). This will consider overtime and other bonuses the worker may have received up until that point.
Once the PIAWE has been calculated, the insurer will pay you the following weekly payments dependent on the period:
Please note that in the event the worker has returned to work on suitable duties and reduced hours, the worker will be entitled to up to 95% of the gross PIAWE per week, less the earnings they are receiving for work done.
Third period (131 – 260 Weeks) – the worker will receive 80% of the gross PIAWE calculated each week.
Weekly payments beyond 260 weeks are only available if the worker is assessed with a 21% whole person impairment or more.
Different rules apply for emergency workers, like Police, Paramedics and Fire Fighters.
If you have sustained an injury or illness at work, it can have a devastating effect on your life and finances. In the event you have been injured at work, you may be eligible to receive weekly payments, reasonably necessary treatment expenses, and the possibility of a tax-free lump sum payment.
You may be able to claim the following compensation:
The amount of compensation you will receive depends on many factors; these include:
Such as:
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For over 40 years, Stacks Goudkamp has been helping injured Australians to receive the compensation they need and deserve.
We are dedicated and the leading No Win, No Fee personal injury lawyers in NSW. For
over 40 years, Stacks Goudkamp has been helping injured Australians to receive the
compensation they need and deserve.
Call or Email us to start the process and to receive expert legal advice for personal injury or compensation claims. Seek the professional support you deserve on (02) 4058 2715 or enquire online through our website.
We are just a call or email away. Do not struggle with complex personal injury claims processes and in dealing with insurance companies on your own. We are here to listen and to help you to get the compensation you deserve.
We will not charge you for a comprehensive initial consultation where we will listen to your needs and provide you with free detailed advice. Compassion is what drives us. You can be sure that your questions will be answered.
Here, we will explain the next steps and what it takes to achieve the best possible outcome.
We will not require you to pay our legal fees, or any expenses (disbursements), unless we win your personal injury claim i.e you receive compensation. We know that being injured can result in terrible financial pressures.
We pride ourselves on giving every injured Australian the peace of mind that we will look after them by acting on a no win no fee basis for their compensation claims.
Contact your local team for a free consultation to find out if you are eligible for compensation
I could write a book as to how the last 4 years would have been different if not for Tom and his team.
The support, assistance, advice from the first conversation till even after the settlement was second to none from the team at Stacks Goudkamp.
Four years on and after many downs, my children and I have our lives back.
We are unable to THANK YOU enough, but know that you have changed our lives for the better in so many ways since the accident.- Andrew and Family