Workers Compensation Claims

Are you suffering from the effects of an accident or injury that occured at work? Backed by over 30 years of compensation experience, our workers compensation lawyers are committed to doing whatever it takes to WIN your case and maximise your workers compensation entitlements.

AM I ELIGIBLE TO MAKE A WORKERS COMPENSATION CLAIM?

If you are a “worker” or “deemed worker” under the Workplace Injury Management and Workers Compensation Act 1998 (the Act) you may be eligible to claim workers compensation. A “worker” is a person who enters into or works under a contract of service, employment or apprenticeship with an employer and is paid for the services provided. Generally, a worker is someone who receives wages or commission regardless of the number of hours worked each week and includes workers who work away from the employer’s premises.

AM I ENTITLED TO WORKERS COMPENSATION BENEFITS?

Workers compensation benefits are payable if you suffer a personal injury or contract a disease which arises out of or in the course of your employment and where your employment is identified as the substantial contributing factor. Workers compensation benefits are also payable for injuries received on a normal journey to or from work (without significant interruption or diversion) or during an authorised recess provided you did not expose yourself to any abnormal risk of injury.

HOW CAN I FIND OUT IF I AM ELIGIBLE AND ENTITLED TO MAKE A CLAIM?

If you are unsure whether you are entitled to make a claim, or if an insurer has denied your claim contact one of our specialist workers compensation lawyers on free call 1800 888 529. We provide free, no obligation claim assessments which will provide you with information about whether you are eligible to make a claim for workers compensation and the amount of compensation benefits you are likely to be entitled to.

WHAT SHOULD I DO IF I AM INJURED AT WORK?

You should immediately report the injury to your supervisor, manager or the person responsible for workers compensation in your workplace. You must also lodge a notification of injury form accompanied by a Workcover medical certificate, with your employer. Your employer will then notify their workers compensation insurer (the insurer) of your injury within 7 days of receipt of the above documentation. On receipt of a notification of injury, the insurer must contact you and your employer within three days to discuss your circumstances including how your injury occurred, whether you have had to take time off as a result of your injury and what opportunities there are for you to return to work. If you do not notify your employer of an injury or if you do not make a claim within certain time periods you may jeopardise your entitlement to compensation. We recommend you obtain advice from us immediately once you have sustained an injury in the workplace. If your injury was sustained a long time ago, we recommend you contact us straight away so that we can attempt to address any issues arising out of the late lodgement of your claim.

DO I HAVE TO PAY LEGAL FEES TO HAVE LAW PARTNERS REPRESENT ME IN MY CLAIM?

No. Our fees (including the costs of obtaining medical reports to support your claim) are covered completely by the insurer. We provide a 100% guarantee that you will not be required to pay any fees to us at any time.

WHAT COMPENSATION CAN LAW PARTNERS OBTAIN FOR ME?

If you are eligible to make a claim you could be entitled to a variety of compensation payments including but not limited to:

• Weekly benefits where time off work is required. The amount which you will be paid is prescribed by the Workers Compensation Act 1987. It is dependent on your fitness for work and the length of time that you are unable to complete your pre-injury work.
• Reasonably necessary medical or related treatment, hospital treatment, ambulance services and rehabilitation – these are paid in line with WorkCover prescribed rates.
• Travel and transportation costs – public transport and car travel costs may be reimbursed for travel to and from medical appointments and treatment.
• Lump sum compensation – if you have suffered a permanent impairment as a result of a workplace injury you may be entitled to a lump sum payment.

WHAT IS LUMP SUM COMPENSATION?

Lump sum compensation refers to a payment of compensation that is paid to you in one lump sum. Usually a worker will be entitled to lump sum compensation for a permanent impairment if they do not recover entirely from their injury. It is normally sufficient that after approximately 3 to 6 months after the injury you coninue to suffer from pain and restriction of use of the body part(s) injured. Examples of permanent impairment can include:

• A back or neck injury where the injuries and disabilities do not improve after 3 to 6 months.
• A broken or fractured bone that does not heal entirely and you are left with ongoing disabilities and pain or restriction of use of the body part after 3 to 6 months.
• A torn tendon or muscle that does not heal entirely and you are left with ongoing disabilities and pain or restriction of use of the body part after 3 to 6 months.
• A permanent scar.

Under the current Workers Compensation scheme in NSW the maximum payment for lump sum compensation is $220,000 and the maximum amount of pain and suffering compensation (additional to lump sum compensation) is $50,000.

As part of our free claim assessment our workers compensation lawyers will provide you with advice regarding your lump sum compensation entitlements and the process required to lodge and finalise your claim.

DO MY ENTITLEMENTS STOP WHEN I RECEIVE LUMP SUM COMPENSATION?

No. Obtaining lump sum compensation does not affect your ongoing and potential future workers compensation entitlements to weekly benefits or reimbursement of medical and travel expenses. In fact, should your condition deteriorate in the future, you may be entitled to a further claim for lump sum compensation in respect of that deterioration. Your entitlements do not stop when you receive lump sum compensation.

WHAT ARE SOME EXAMPLES OF TREATMENT EXPENSES I CAN CLAIM?

You may be entitled to claim treatment by medical practitioners, physiotherapists, chiropractors, osteopaths, psychologists, counsellors, exercise physiologists, remedial massage therapists, provision of artificial aids, domestic assistance services, nursing, medical and medicine supplies (provided outside of hospital treatment). An insurer will pay for these expenses after determining they are reasonably necessary. In determining whether a form of treatment is ‘reasonably necessary’ the insurer will evaluate whether the form of treatment is appropriate for the injury sustained, whether the treatment will relieve the effects of the injury, whether the form of treatment is effective in promoting recovery, whether the form of treatment is cost effective and whether the particular treatment is the best option as opposed to other forms of treatment available. The Insurer may, however, deny your treatment on the advice or opinion of their doctor. If requested treatment is not approved we will make an application to the workers compensation commission on your behalf to challenge the insurer’s decision.

WHAT ARE WEEKLY PAYMENTS?

A worker is entitled to weekly payments during any period of incapacity resulting from a workplace injury. Incapacity can be either total incapacity (unfit for any work) or partial incapacity (partially fit for work). The amount of the weekly payment will vary depending on whether the level of incapacity is total or partial, whether or not your pre-injury earnings are paid under an award, industrial or enterprise agreement or whether the period is within the first 26 weeks of incapacity or later.

If you are totally incapacitated or totally unfit to work as a result of a workplace injury you are entitled to receive weekly income support in the form of weekly incapacity payments. If you are partially incapacitated and fit for suitable duties but no suitable duties are provided by your pre-injury employer, you may also be entitled to receive weekly payments. If you are partially incapacitated following a workplace injury and return to work on suitable duties you will earn income for the hours you work while undertaking those duties. If this income is less than what you earned before your injury, for example if you are working part-time or the suitable duties are at a lower pay rate, then you may also receive a weekly workers compensation payment, often referred to as ‘make-up’ pay. ‘Make up’ pay is usually calculated based on the difference between your pre-injury earnings (including overtime, shift work, payments for special expenses and penalty rates) and the amount you are earning while on suitable duties.

HOW CAN LAW PARTNERS ASSIST ME?

Our role as your legal representatives is to ensure you receive the maximum compensation permissible under the current workers compensation legislation and to provide you with support and representation throughout the claims process. To do this we will need to gather medical evidence and other documentation to support the claims we intend to make on your behalf. We will also need to obtain regular updates from you in relation to your medical condition and any changes to your treatment program.

In our experience, workers compensation insurers do not always have your best interests in mind when managing your claim. As such, it is also our role to ensure the insurer does not adversely affect your recovery by denying treatment or limiting compensation payable to you. Put simply, our aim is to ensure that the stress of managing your claim and dealing with the insurer is removed from you so that you can focus on recovering from your unexpected injury.

We do not charge any fees to represent you in your workers compensation claim. For a free, no obligation discussion about your case call one of our specialist workers compensation lawyers on free call 1800 888 529. We look forward to hearing from you.