Taylor & Scott Lawyers have been assisting people who have sustained personal injury for over 118 years. Where a person has suffered physical or psychological injury or death, a claim may be made. We are proud of our reputation and extensive experience in this area of law, with a number of our lawyers recognised as specialists in their field by the Law Society of New South Wales. At Taylor & Scott, we exist to help you.
Examples of some of the areas where you may be able to claim are:
Taylor & Scott Compensation Lawyers
Renowned as one of Australia’s most prestigious legal firms, Taylor & Scott Compensation Lawyers reach out to all people of Sydney and NSW who require expert legal assistance without unwanted financial burden. Experienced and knowledgeable in all fields of compensation law, Taylor & Scott delivers a smooth and timely claims process for victims of negligence. We maximise potential payouts for recovery from physical or psychological injuries, ensuring you get the compensation claim results you deserve.
What do compensation lawyers do?
If you suffer an injury due to negligence or breach of duty by another person, you may be entitled to bring proceedings for damages against them. Injuries can happen at work, in a public place, a private place, in a motor vehicle, or anywhere else. At Taylor & Scott, we offer a free case assessment, and if we believe your case is sound we will immediately commence common law proceedings on your behalf.
Most compensation claims can be successfully settled before needing to go to court, making the services of experienced compensation lawyers a wise investment. Although compensation claims are generally straight-forward, there are many situations where legal intervention is the best way to overcome obstacles and keep the claim process moving. With more than 118 years of experience, we have the know-how to assist during complex claims scenarios, ensuring you get the outcome you deserve.
Proportion of personal litigation claims arising from the three most common compensation types between 2007 and 2017. Source: lplc.com.au
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When do you need a compensation lawyer?
If you believe you have a valid compensation claim but are unsure how to proceed, Taylor & Scott will navigate the complex legal system and maximise damages on your behalf. Negligence arises, in the most part, when a person or an organisation fails to take reasonable steps to ensure the welfare of others in their jurisdiction, particularly when dangers or hazards could have been avoided.
In compensation claims, a person must first be found to be liable, and then the extent of any damages is assessed. Taylor & Scott expertise covers a broad range of personal injury matters, so speaking to one of our compensation lawyers will disclose your claim’s potential outcome. The procedures for claiming damages or injury, and the calculation of those damages, can vary depending on how or where the injury was sustained. Compensation can include:
- Weekly compensation payments
- Medical, travel and rehabilitation expenses
- Lump sum compensation for permanent impairment
- Domestic assistance
- Death benefits and funeral expenses
- Property damage expenses
- Alterations to home or vehicles
- Employment training courses
Why Taylor & Scott are the leading compensation lawyer?
When it comes to your health and future, it’s not wise to work with an inexperienced lawyer. Taylor & Scott Lawyers have a long history of successful negotiations, winning compensation claims since 1905 for Australians and visitors to our shores. An experienced compensation lawyer will give you an advantage when it comes to getting desired results quickly and efficiently. Compensation claim procedures are undertaken during stressful times and clients don’t want a long, drawn-out claim situation.
A well-resourced firm such as Taylor and Scott provides the backing of a company geared up to take on even the most complex of cases. Your health is too important to take risks with, so it’s important to find a compensation lawyer who remains up to date and is dedicated in their respective compensation field. Taylor & Scott compensation lawyers deliver strong representation with honesty, integrity, and transparency. We guide clients throughout the entire claim process, avoiding scenarios such as those shown below that can derail a compensation claim.
Can I get a second compensation opinion with Taylor & Scott?
If you are injured due to someone’s negligence, it’s wise to get a second opinion. If your claim is part of workers compensation, a consultation with one of our lawyers and an additional independent doctor may be required. In addition, if you are not satisfied with the initial advise from a compensation lawyer, a second opinion from Taylor & Scott Lawyers may be the right option. We offer a free 40-minute initial consultation on personal injury claims, and you may be eligible for our ‘no-win no-fee’ structure. We assist you in the fight for your legal rights in personal compensation matters, including deferring payment of our professional fees and expenses until your matter has been successfully resolved.
If Taylor & Scott Compensation Lawyers believe you have a good case they will take on your claim, providing you with financial peace of mind. In most cases, we will also pay all associated costs involved with medical records searches along with procurement of witness statements and expert opinions. It’s worth noting that if you lose your case, a court might still order you to pay the other side’s costs. For this reason, a second Taylor & Scott opinion can be a compensation claim game-changer. If you come to us for a second opinion, you can be assured that our advice is based on more than a century of experience and a strong record of results.
What types of compensation claims can you make?
Compensation law covers every type of incident where negligence has resulted in an injury. NSW occupational health and safety guidelines are extensive, as are the duty of care responsibilities when overseeing the actions of other people. The amount of compensation you receive, the purposing of compensation payouts, and the method compensation is paid are relative to the type of injury, extent of injury symptoms, expectations for recovery and other individual compensation claim factors.
In addition, insurers provide various grades of cover, enabling people to tailor compensation payments for specific purposes while also maintaining quality of life. Workers compensation claims are among the most common, with some types shown below.
- Vehicle Accident
- Construction Accident
- Product Liability
- Public Liability
- Personal Injury
- Medical Negligence
- Aircraft Injuries
- Travel Injuries
- Superannuation, Total & Permanent Disability
Where Are Taylor & Scott Compensation Lawyers Located?
If your injury was sustained anywhere in NSW, Taylor & Scott Lawyers can assist. We have helped countless negligence victims achieve compensation success since 1905, including overseas clients who were injured while visiting NSW. We represent clients from across New South Wales, including Lismore, Port Macquarie, Tamworth, Coffs Harbour, Albury, Wagga Wagga, the Hunter Valley, Armidale, Wollongong, Newcastle, Lithgow, Bathurst, Orange, Dubbo and beyond.
We represent clients residing in the United Kingdom, Ireland, France, Asia Pacific regions and the United States, who have been injured whilst visiting/residing in New South Wales, along with Australian residents who have been injured whilst overseas. If we decide to act for you, it will likely be on a ‘no-win no-fee basis’, providing you with peace of mind during the claim process. The ‘no-win no-fee’ guarantee doesn’t apply to workers compensation claims. In such claims, after we have made an initial assessment and believe your claim has merit, we will make an application to WIRO for a grant of legal assistance to cover all legal costs incurred in your workers compensation claim.
At Taylor & Scott, ‘We Care For You’.
Frequently Asked Questions
What Is a Work Injury Claim?
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.
Are Journey Accidents Covered Under Workers Compensation Act?
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.
I Have Suffered a Permanent Injury, Can I Sue For Negligence?
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 benefits other than workers compensation may I be entitled to?
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.
What Is The Position With Legal Costs In Workers Compensation?
Workers Compensation claims apply strict rules, including the responsibility of affected parties to pay their own legal costs. Learn more.
Am I Covered If Work Injury Occurs Outside my Employer’s Workplace?
There are compensation claim responsibilities for both employer and employee in cases of outside workplace injuries. Learn More.
What Are The Minimum Thresholds To Qualify For Benefits?
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.
Medical Negligence Claims: What Are The Steps Taken by Taylor & Scott?
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.
What Are My Entitlements to Weekly Compensation in New South Wales?
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.
What Is The Position With Legal Costs In Workers Compensation?
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.
How long does it take to claim compensation?
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.
How do I make a compensation claim?
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
Who pays a compensation lawyer?
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.
What type of vocational support do injured workers have access to?
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
Insurer's response to injury
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.
Our Team
Ivan Simic
Partner Firm Service Areas:Compensation Law, Commercial and Business Law, Employment Law
Kimberley Becker
Senior Associate Firm Service Areas:Compensation Law, Wills and Estates Law
Andrew Woo
Lawyer and Migration Agent (No. 1383628)Compensation Law, Migration Law