A work injury damages claim is the legal term used by lawyers to describe the award of money to an injured worker for a negligence claim against their employer. This money or damages is awarded to compensate the injured worker for their economic loss, that is, their loss of wages up to the time of the hearing of the work injury damages claim and an amount of money for their future financial losses resulting from the injuries that they have suffered.

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. Learn More.

Permanent injury is that which impairs the physical or mental ability of a person to perform regular tasks. New South Wales compensation law has established guidelines for evaluating permanent injury compensation claims based on the degree of impairment suffered. Permanent injury compensation can be the result or a work incident, car accident, or other situation resulting from negligence. Injured workers can claim a lump sum amount in addition to weekly compensation payments for covering loss of wages, medical expenses and rehabilitation costs. Receiving appropriate compensation is every person’s right, and the best way to secure a favourable outcome is with the assistance of Taylor & Scott Compensation Lawyers.

What other benefits may I be entitled to following a work injury?

Total and Permanent Disability and Income Protection
Apart from any workers compensation rights, if you are incapacitated as a result of any injury or illness (work related or not) you may be able to claim for Total and Permanent Disability and/or Income Protection. These benefits are usually attached to an insurance policy arranged through your superannuation fund or privately. Our experts in TPD are happy to advise and assist you with your claim.

Injury on a Journey to or from Work
If you are a member of a union you may be entitled to other benefits under a policy of insurance taken out by your union on behalf of the members. We recommend you contact your union to make further enquiries in this regard.

Workers Compensation claims apply strict rules, including the responsibility of affected parties to pay their own legal costs. Learn more.

There are compensation claim responsibilities for both employer and employee in cases of outside workplace injuries. Learn More.

A number of benefits / rights under the workers compensation legislation depend upon whether a worker has sustained permanent impairment as a result of an injury and the extent of the impairment. These benefits / rights and the relevant thresholds include:

• Lump Sum Compensation 11% Whole Person Impairment (see “A” below)
• Ongoing Weekly Payments After 5 Years 21% Whole Person Impairment (see “A” below)
• Medical Expenses For More Than 2 Years 11% Whole Person Impairment (see “A” below)
• Lifetime Medical Treatment 21% Whole Person Impairment (see “A” below)
• The Right To Claim Work Injury Damages (damages for economic loss) from the employer 15% Whole Person Impairment (see “A” below)

Only one claim for permanent impairment can be made for an injury. If a worker’s condition deteriorates subsequently, no additional lump sum compensation is payable for that injury, no matter how severe the deterioration.

It is important to ensure that the assessment of permanent impairment includes all the impacts of an injury upon a worker (eg scarring, adverse effects of medication etc.) to maximise the assessment.

The preconditions for the assessment of permanent impairment are that the worker’s condition has stabilised and reached maximum medical improvement. Permanent impairment is ultimately expressed as a percentage of whole person impairment (“WPI”).

The assessment of permanent impairment is a medical assessment, not a legal one. It must be carried out by a WorkCover trained or approved doctor. The assessment of permanent impairment is conducted in accordance with AMA5 (American Medical Association 5th edition of the Guide to the Assessment of Permanent Impairments) as modified by the WorkCover Guidelines. AMA5 (as modified) is the assessment process mandated by the NSW workers compensation legislation. AMA5 (as modified) sets out reasonably specific criteria for assessing permanent impairment.

“A” Your entitlement to make a Lump Sum Compensation claim further explained

If you sustain permanent impairment as a result of a work injury and the impairment is assessable under the relevant provisions of the workers compensation legislation at 11% permanent impairment or more (15% permanent impairment for a primary psychological injury), you are entitled to claim lump sum compensation.

No permanent impairment compensation is payable for the psychological effects of a physical injury. The compensation is payable on a fixed scale.

Our team of expert workers compensation lawyers will explain this scale to you during your free case assessment.

Negligence claims are an accepted fact where standards of care and safety fall below acceptable levels. View a complete list of Medical Negligence Q&As.

A worker who suffers a work injury resulting in economic loss may be entitled to weekly payments. Weekly payments may not exceed $2,042.80 (from 1 April 2016), which is the maximum prescribed amount, adjusted every April and October. Learn more.

Reluctance toward making a compensation claim is often attributed to the cost. Most people can’t afford legal fees and other expenses up front, particularly at a time when the future is uncertain. Workers Compensation claims apply strict rules, including the responsibility of affected parties to pay their own legal costs. Taylor & Scott Lawyers remove this problem at the outset by applying for funding from the Workers Compensation Independent Review Office (WIRO) prior to commencing with your claim procedure. Your case is in safe hands with Taylor & Scott Lawyers.

There are strict time limits associated with compensation claims, although allowance is made in situations where claims are complex. Disputed claims can drag on, placing the onus on both insurers and claimants to follow appropriate legal channels and communicate their progress. In compensation cases involving permanent disability it can take years before recovery settles without expectation for further improvement and an accurate claim for damages can be made.

Taylor & Scott Compensation Lawyers will ensure your claim is lodged in a timely manner, plus provide ongoing support to overcome obstacles to satisfactory compensation claim outcomes. Our highly experienced team are experts in their specialist fields and keep up to date with changes to law, allowing us to strongly challenge legal opponents, investigate ways to save you money, and maximise your compensation payout.

Undertaking a compensation claim while recovering from injury can be a daunting prospect. The difficulties are increased if your claim is disputed by individuals, employers, insurers or opposing legal teams. If you are unsure where to begin or how to overcome obstacles, Taylor & Scott can help. Our assistance is extensive and tailored to your exacting requirements, with services that can include:

• Timely completion of all documentation on your behalf
• Collecting medical, government and other records
• Collecting witness statements and other evidence
• Presentation of a persuasive compensation claim document
• Negotiation with individuals, insurers and opposing legal teams
• Representation in court if required
• A free 40-minute case assessment
• Our ‘no-win no-fee’ guarantee

The Taylor & Scott ‘no-win no-fee’ guarantee means you don’t pay us a cent until your case is won and money is paid into your bank account. Our services ensure your potential compensation damages are maximised, and we investigate every means of increasing payouts that deliver you with a better quality of life. With so much at stake, it’s no time to skimp on legal assistance that can dramatically increase your chances of compensation claim success.

With Taylor & Scott on your side you have the backing of one of Sydney’s leading legal firms. Our reputation for success carries a lot of weight with insurers and opposing legal teams who may otherwise take your compensation claim lightly. Located in the heart of Sydney’s legal and financial district, Taylor & Scott provides accessible services that result in timely claims negotiated for maximum potential payouts. We are on your side, assisting you to get the compensation you deserve so you and your loved ones can focus on the future without unwanted financial stress.

Weekly Compensation

What type of vocational support do injured workers have access to?
The insurers and SIRA have a range of vocational services in place to assist injured workers return to the workforce. These include:

New employment assistance:
• If a worker cannot return to work with their pre-injury employer a total of $1,000 can be claimed to assist the injured worker with the expenses involved in commencing new employment. The expenses that may be claimed include transport, childcare, uniforms, equipment, education or training.

• In order to claim new employment assistance the injured worker must:
– have accepted a written offer of employment for a period of at least three months
– confirm how the item or service will assist in the return to work process
– provide quotes or invoices

• The insurer will make a determination on this claim within 14 days

Vocational programs:
These include
• Work trials
• Equipment and workplace modifications
• Training
• Job seeking assistance
• Employer incentive programs

Questions and Answers Part 3

What will the insurer do once they are notified of a workers injury?
Once they are notified of an injury the insurer will ensure that they have all relevant information to complete the notification process. If further information is required they will contact the employer and/or injured worker within 3 days to advise what further information is required.

Once the notification process is completed the insurer will make a decision on provisional liability within 7 days. If provisional liability is accepted, payment of compensation will commence. If provisional liability is not accepted the worker will be notified that the claim has been reasonably excused and payments will not be commenced until further investigations are completed.

What happens if an employer refuses to provide an injured worker with details of their workers compensation insurer? The worker can contact the SIRA Customer Service Centre on 13 10 50 and request details of their employers workers compensation insurer. The worker will need to have details of their employer’s business including their correct name, address and ABN.

The worker can then contact the insurer directly and report their injury.

Do injured workers need to complete a claim form?
Not all injured workers will be required to complete a claim form. If the worker returns to work without any further loss of earnings or need for medical treatment prior to receiving 12 weeks of weekly compensation or $7,500 worth of medical treatment a claim form is not required.

The insurer may also waive the requirement for a claim form if they have all of the required information to make a determination on liability.

Questions and Answers Part 3

Does workers compensation cover heart attacks and strokes?

Only in situations where there was a significant relationship between employment and the heart attack or stroke. If it cannot be proven that there was a significant relationship then compensation will not be payable even if the heart attack or stroke happened at work.

Questions and Answers Part 3

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 a medical appointment?

Insurers have to provide at least 10 working days notice before a medical examination unless the worker agrees to a shorter time frame.

Can injured workers choose which independent medical examiner they are seen by?

The insurer should provide injured workers with a choice of three independent medical examiners to choose from unless there are less than three examiners who can adequately assess their injury. The appointments should be as close to the workers home as possible.  

If however the worker has been examined by an independent medical examiner within the last two years the worker should be examined by the same examiner.

Weekly Compensation

Can I receive payments of weekly compensation after I reach retirement age?
Payments of weekly compensation can be made for up to 12 months after retirement age.

Retirement age is deemed to be the age at which a person is eligible to receive the age pension under the Commonwealth Social Security Act 1991.

Am I entitled to weekly compensation if I am injured after reaching retirement age?

Workers injured after reaching retirement age can receive weekly compensation for a maximum of 12 months.