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Injured at work? Follow our legal guide to workers compensation in NSW

Workers compensation is a complex area of law and it’s important to seek our professional legal advice to ensure you get the best possible outcome. In this article, we’ll outline key points to keep in mind if you’re considering making a workers compensation claim in NSW. Whether you’re just starting to research your options or you’re ready to act, this guide will give you the information you need.

What injuries are covered by workers compensation in NSW?
Workers compensation laws in NSW protect employees in the event of injury or illness as a result of their employment. These laws cover any injuries sustained at work, whether physical or psychological; resulting from asbestos exposure, industrial deafness, manual handling, trips and falls. Compensation is payable whether the injury occurred ‘at or away’ from the worker’s place of employment, including in some instances where an injured worker is travelling to or from work and home. In these circumstances, entitlement to compensation is assessed on a case by case basis. In addition to offering compensation for medical expenses and loss of income, the law also provides assistance to injured workers in return-to-work programs while they recuperate.

How do I make a claim for workers compensation in NSW?

If there is a serious injury, illness, dangerous incident or death, call 13 10 50 immediately. Incidents can be notified 24 hours a day, 7 days a week. An injured worker should notify their employer of an injury as soon as possible after the injury or after diagnosis of any illness or disease. The employer has an obligation to record any workplace injury or work-related disease in the register of injuries and notify their current insurer.  

If you are injured at work, it is recommended that you follow these steps:

  1. The employer reports the injury to the employer.
  2. The employer will guide the employee on the necessary paperwork and next steps.
  3. The employer reports the injury and files the claim form.
  4. The insurer approves or denies the claim.

How long do I have to lodge a workers compensation claim?
The recommended timeframe to lodge a claim for workers compensation is within 6 months of sustaining a workplace injury. If a workers compensation matter ends up in the court system, an Arbitrator will consider all ‘contemporaneous medical evidence’ supporting a workplace injury. So, if an injured worker is unsure as to whether or not the injury is ‘work related’ or generally unsure as to whether they can or should pursue workers compensation rights, it’s advisable that they record their workplace injury related medical condition to their general practitioner or specialist.

What if my workers compensation claim is rejected?

If a workers compensation claim is rejected, there are still avenues available to pursue. You can appeal the decision with WorkCover NSW or take your case to the Workers Compensation Commission. It is important to remember that each situation is different and the best option will depend on factors such as the specifics of your injury and employment contract. The best course of action could be seeking legal advice from an expert in workplace law before deciding whether to continue challenging the decision or drop the matter altogether. Ultimately, it’s important to make sure that injured workers get appropriate levels of compensation for any hardships faced because of a workplace injury, so taking proactive steps towards resolution are key.

How can a workers compensation lawyer help?

When you’re dealing with a compensation claim, you need to know exactly where you stand. We strongly recommend injured workers seek legal advice from a lawyer experienced in workers compensation at their earliest opportunity. Compensation laws are complex and a lawyer will ensure you receive the benefits you are entitled to.

How much does it cost to hire a workers compensation lawyer in Sydney?

It’s difficult to say exactly how much you can expect to spend for an experienced compensation lawyer to represent you. As every compensation law case is different and of varying complexity, the professionals at Benjamin & Robinson Lawyers price their services on a case-by-case basis.

The compensation lawyers at Benjamin & Robinson Lawyers specialise in workers compensation claims, superannuation claims, public liability claims and motor vehicle claims. With offices in South Hurstville and St George, the fees at Benjamin & Robinson Lawyers are affordable and competitive. For enquiries or a quote, contact us today on 02 9547 1733. You can also email us or request a consultation. Connect with our family lawyers  today.

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