Suffering an injury at work can be shattering. As well as causing pain, stress and financial hardship, when insurers and rehabilitation experts become involved it can be confusing to understand what your workers compensation rights are and who is on your side.
If you have suffered a workplace injury then you may be entitled to workers compensation. Workers compensation in NSW can cover your wages, medical expenses and other costs incurred to help provide financial peace of mind.
Please note that in the event you have suffered a psychological injury as a result of your workplace, it is important that you also establish that your injury was not “wholly or predominantly caused by the reasonable action of the employer”.
This means that your psychological injury was not wholly or predominantly caused due to a:
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. There is no specific set of criteria in determining a deemed employee, with many factors coming into it, including their reliance on that specific employer, uniform and often what the “reasonable person” would think.
‘Contractors’ are workers that are not 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 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 Medico-Legal Doctor as being over 11% whole person impairment (physical injuries) or over 15% whole person impairment (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.
Nothing! We don’t charge you anything for workers compensation claims. We are Independent Review Office IRO (formally 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.
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 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 as a result of the workplace injury. Please note that any settlement or court decision on costs will be less than the workers compensation entitlements already paid by the insurer up until the time of the settlement or decision.
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) up until 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.
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:
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