People suffering from work-related injuries can claim workers compensation. In NSW, Workers Compensation Law requires all employers to take out 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 can claim compensation for physical or psychological injuries sustained during their regular work activities and other activities organised by their employer. Injuries can also include the gradual onset of injuries or diseases or the aggravation, acceleration, exacerbation or deterioration of a disease if the worker’s employment is considered the main contributing factor.
As a general rule, the workers compensation scheme is a no-fault scheme to compensate injured workers unless the injury arises out of serious or wilful misconduct.
What evidence is needed to lodge a claim?
Ordinarily, a SIRA Certificate of Capacity which has been fully completed by the treating GP and the worker and lodged with the employer will be sufficient to commence a claim. The employer is then required to forward the information to their insurer to determine liability.
Is there a time limit in which workers compensation claims can be made?
The injury should be reported to the employer immediately after the injury occurs or as soon as possible once the worker is aware of the injury, and in any event within six months from the date of injury. Later claims may still be lodged and must be done as quickly as possible after the worker becomes aware of the injury.
The worker’s compensation insurer has 21 days to determine whether they will accept liability for the worker’s injury or ailment.
What benefits could you receive from a workers compensation claim?
The benefits injured workers are entitled to will depend on the nature, severity and longevity of the injury or ailment sustained. Benefits include:
- Weekly compensation
- Medical, travel and rehabilitation expenses
- Lump-sum compensation for permanent impairment
- Domestic Assistance
- Death benefits, including funeral expenses
- Property damage expenses
The initial compensation payments will generally fall within two categories:
- Weekly payments to compensate for lost income
- Medical expenses or ongoing costs directly attributable to the injury or ailment
Advice and support when you need it
Taylor & Scott’s workers compensation lawyers are well-known for the great outcomes they achieve for clients making workers compensation claims. All workers compensation claims are run with a grant of legal assistance from IRO meaning you pay no legal costs whatsoever.
Get the support you need by calling 1800 600 664 or enquire online.
