If you've been injured at work, you may be eligible for workers compensation. In NSW, employers are required to have workers compensation insurance to cover their employees.
Workers compensation is a "no-fault" system, meaning you don’t need to prove employer negligence. It covers physical injuries, psychological conditions (like mental distress), diseases contracted during employment, and aggravation of pre-existing conditions. In rare cases, injuries sustained while commuting to and from work may also be covered.
NSW compensation law applies to full-time, part-time, casual, and commission workers, while subcontractors may also be deemed as workers, depending on the contract.
What should you do if you’ve been injured?
- Notify Your Employer: Immediately inform your employer of the injury so they can complete an incident report.
- Seek Medical Care: Visit your doctor and inform them that your injury is work-related. Ask for a Certificate of Capacity.
- Keep Documentation: Retain all medical records, treatments, and expenses. Provide this to your employer to submit to the insurer for claim assessment.
- Consult a Lawyer: It’s advisable to seek advice from an experienced personal injury lawyer for guidance on your entitlements. Taylor & Scott's expert compensation lawyers can assist you.
Types of Workers Compensation benefits
Depending on the severity of your injury, you may be eligible for the following:
- Weekly compensation
- Medical, travel, and rehabilitation expenses
- Lump-sum compensation for permanent impairment
- Domestic assistance
- Death benefits and funeral expenses
- Property damage expenses (in limited cases)
- Work injury damages if your impairment exceeds 15%
What is ‘In the Course of Employment’?
Work-related activities include regular work duties, employer-organized events, lunchtime socializing with colleagues, and sometimes, travel to and from work. Generally, claims are "no fault," although serious misconduct may require further investigation.
Are there time limits on Workers Compensation claims?
Workers compensation claims must be made within six months of the injury. However, certain injuries may develop over time, and claims can be made later with supporting medical evidence. It's best to report injuries as soon as possible.
Choosing the right Workers Compensation lawyer.
To ensure the best outcome, hire a lawyer who specializes in Workers Compensation law. Choose someone who genuinely cares about your situation, communicates clearly, and is committed to securing maximum compensation for you.
Taylor & Scott Compensation Lawyers specialize in personal injury and compensation law. Our experts will thoroughly investigate your case, and if we believe you have a valid claim, we'll apply for legal assistance from IRO—ensuring you won’t pay legal fees.
Contact us on 1800 600 664 or complete the Contact Form on this page.
