Workers Compensation in Australia helps workers who are injured or become ill due to their work. However, navigating the system can be complex. Taylor & Scott can help you determine if you're entitled to claim.
How does Workers Compensation work?
Employers are legally required to have Workers Compensation insurance. When you file a claim, it’s paid by your employer's insurer. The Workers Compensation scheme is no-fault, meaning you don't need to prove fault to make a claim.
The compensation may cover medical expenses, rehabilitation, lost wages, vocational training, permanent impairment, or benefits for the families of workers who die due to work-related injuries.
Are you entitled to Workers Compensation?
In NSW, you’re eligible for Workers Compensation if your employment is a substantial contributing factor to your injury. Workers include full-time, part-time, casual employees, and some contractors, depending on specific conditions like how they are paid and the tasks they perform. Volunteers and unpaid interns need separate insurance.
If an employer is uninsured, the relevant state authority will investigate and arrange compensation, and the employer may face penalties.
Deadlines for Workers Compensation Claim
You must report your injury to your employer immediately. Failure to report within a reasonable timeframe can affect your ability to claim. Claims must be made within six months of the injury.
Your Injury Must be Work-Related
To qualify for compensation, your injury or illness must result from your work. If it’s an existing condition that worsens due to work, the employment must be the main contributing factor.
In NSW, you’ll need a Certificate of Capacity from your doctor to make a claim. This certificate confirms the injury, your capacity to work and the treatment required. It’s typically valid for 28 days, and you must update it to continue receiving compensation.
Need help?
If the circumstances of your injury are unclear—such as injuries during a lunch break or the aggravation of an existing condition—expert legal assistance can help you navigate your claim.
Contact Taylor & Scott Lawyers for a free consultation. We can help determine if you’re entitled to compensation and guide you through the process to maximize your benefits. Call 1800 651 671 or arrange a meeting today.
All Workers Compensation claims at Taylor & Scott are handled with a Grant of Legal Assistance from IRO, so you won’t pay any legal costs.