People suffering from work-related injuries can claim workers compensation. In NSW, Workers Compensation Law requires all employers to take our worker’s compensation insurance. It covers all workers – full-time, part-time, casual and commission. Subcontractors may also be “deemed” workers depending on the details of the relationship. What type of injuries does workers compensation cover? Workers…
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If you’ve sustained an injury at work and cannot work to your full capacity, it can significantly impact your financial stability. Particularly in the case of a serious injury resulting in a prolonged absence from work. Luckily, workers compensation payments are designed to help cover a number of costs and financial losses, taking into account…
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Every worker has a basic right to feel safe in their workplace, and whether it’s your physical or mental health, your employer has a duty to protect that right at all times. Despite this, many people – from interns to senior managers – still become victims of workplace bullying. Many workplaces should have procedures and…
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Everyone has the right to work in safety. In fact, your employer has a legal obligation to ensure your safety while at work. But sometimes things go wrong. If you have an accident at work due to your employer’s negligence, you may be able to make a claim for compensation. When can you claim? Claims…
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When we enter the workforce following school, trade school, or university, we immediately start contributing to our superannuation fund. Commonly referred to as our ‘nest-egg’, superannuation is a lump sum of money that pays for our retirement. As we inevitably edge closer to retirement age, we all want our nest egg to be as large…
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In cases of personal injury, attention is often given to medical expenses and loss of earnings, but those who have been seriously injured will generally require help in all areas of their lives. What is domestic care and assistance? A claim for domestic care and assistance covers the cost of everyday tasks that an injured…
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We’ve all missed a deadline at some point in our lives. But when it comes to making a workers compensation claim, missing the deadline could have lifelong consequences. In this blog, we look at the time limits that apply to workers compensation claims and circumstances where there are time limit exceptions. What time limits apply…
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Workers compensation in NSW encourages injured workers to return to work as soon as possible. With the help of a case manager or workplace rehabilitation provider, it is the responsibility of both the injured employee and employer to support an injured worker’s return to work. This is called the return to work program. Enabling an…
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The law recognises that bullying isn’t confined to the schoolyard and sadly workplace bullying is all too common. Workers have a right to work in a safe environment free from bullying and harassment and employers have a duty to ensure these rights are upheld. Workplace bullying is a form of harassment and when it…
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Workers compensation has been operating in Australia for many years. The scheme is backed by the philosophy that Australians who are injured or become sick as a result of their work should be compensated and helped, as much as possible, to return to their previous position. However, legislation surrounding workers compensation in Australia is…
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Many employees carry out their work completely unaware of workers compensation schemes and the legal rights available to them. When an employee is injured at work, they may be faced with 2 separate opportunities for compensation which can lead to some confusion. These separate types of compensation are workers compensation and work injury damages….
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Thousands of Australians are affected by injury and chronic conditions, sustained on the sporting field, in a car accident or from birth. If you’re one of many working with a pre-existing condition, it is important to know how this will affect a workers compensation claim, should you need to make one. What is a workers…
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Apart from motor vehicle accidents and work injuries, the Civil Liability Act 2002 governs negligence claims in NSW. Negligence is a principle originally established in common law, but now modified and enshrined in legislation. Essentially, negligence arises when a person does not exercise ‘reasonable care and skill’ whilst conducting their duty of care obligations. It…
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Workers’ compensation schemes have been operating in Australia for over a century. While the systems have changed over the years, the goal has always been the same: a worker injured physically or psychologically, or suffering from a disease contracted or exacerbated at work should be compensated for that injury or disease. A work-related injury or…
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Legal disputes where two parties do not agree on the facts are commonly described as ‘he said she said’ cases, but where a case involves negligence the term ‘his fault / her fault’ may be a more appropriate description. In cases of negligence, it is up to the injured party (plaintiff) to prove the defendant…
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Our client is a relatively young man who works in the construction industry. He is a very hard worker used to working on fly-in/fly-out projects, sometimes up to 16 hours a day for 7-10 days at a time. Early in his career, he suffered an injury to his back. He had a few weeks off…
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When a serious injury occurs at work, it may seem obvious that you are eligible for compensation to cover your out of pocket expenses. But what happens when you brush off a minor injury and it turns into something more complicated over time? Regardless of the severity, it’s important to notify someone at work if…
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Have you had an injury while at work but have put off approaching a compensation lawyer for advice as you feel you may be partly responsible for the accident? You’re not alone. Every year, many accidents that could have won compensation have gone without a claim ever being filed. Many Australians don’t feel confident to…
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Before we go into compensation claims for stress, it’s important to clarify that when we talk about stress, it is about the clinical medical diagnosis and not the emotion of stress that most of us will experience regularly. Stress, like any mental illness, can often render employees unable to work for periods of time and…
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Australia draws many thousands of people from around the world each year to spend some time working and enjoying the lifestyle Australia has to offer. Many visiting non-citizens will be eligible to work for a part of their stay to keep a regular influx of money while they’re here, however not all visas permit this,…
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Workplace or personal injuries are usually easy to point out when you go to make a claim, but adequately gathered medical evidence can often be the difference between getting deserved compensation and the insurers refusing to pay. There are myriad of scenarios where medical records over an extended period are essential to ensure a payout…
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You least expect to be injured at work but it does happen. Especially if it has never happened to you before you may be unaware of your rights under the workers compensation system. You may be confused about what to expect after injury at work and how the return to work program works and what…
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Questions and Answers When can the insurer arrange an Independent Medical Examiner? The insurer can arrange an independent medical examination if information from the treating doctors is inadequate, unavailable or inconsistent or the insurer cannot resolve issues directly with the injured worker’s treating doctors. How much notice do the insurers have to provide workers before…
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Questions and Answers What are my rights as an injured worker? Injured workers have a legal right to: Choose their treatment providers, including nominated treating doctors, medical specialists and rehabilitation providers Participate in the development of a return to work plan Participate and be consulted regarding the injury management plan Be treated with dignity and…
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Worker’s rights related to being able to claim compensation for journey accidents have been severely restricted. To succeed in a claim, a worker must establish the journey accident occurred between home and work or vice-versa, with the journey having a substantial connection to employment. Each case is determined on its merits, according to the facts…
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There are compensation claim responsibilities for both employer and employee in cases of outside workplace injuries. Employers are expected to provide a duty of care for all workers suffering from both work and non-work-related injuries, illnesses or medical conditions. Employees making an outside workplace injury compensation claim will need to back up their claim with…
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One of the first questions asked by an injured worker is “what will I be paid if I am unable to work to my full capacity?” The answer to this depends on the worker’s earnings prior to injury, their capacity to work following their injury and the amount of time they require off work. Payments…
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Our client worked as a construction worker & his job required him to operate a ride on roller. On this day he was reversing his roller, smoothing out an area of ground in preparation for building work. As he reversed his roller he struck a large rock causing the roller to rise up and fall…
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