Guide to Workers Compensation in NSW

Learning about filing for a workers compensation NSW claim is essential for anyone in New South Wales who has suffered an injury or illness due to their job. After all, you may be entitled to workers compensation to cover lost wages and medical expenses. 

Whether your injury was caused by unsafe conditions, faulty equipment, a car accident while travelling for work or another person’s carelessness, understanding your rights is the first step to getting the compensation you deserve.

Let us walk you through the entire process of filing your claim, including accident claims, with clear and simple steps to follow. We will cover:

• Determining your workers comp eligibility
• Collecting and preparing the necessary documentation for the injury claims process, insurance claims process and more
• The benefits of enlisting expert legal assistance from workers compensation lawyers NSW experts like us at LHD Lawyers
• Effective strategies for preparing your case and managing any disputes that arise.

Armed with enough legal claims advice, you’ll be ready to pursue your claim confidently, with LHD Lawyers ready to help every step of the way. 

Step #1: Check if you qualify for workers compensation NSW-wide.

What is workers compensation in NSW?

In New South Wales (NSW), workers compensation is compulsory insurance that covers employees who suffer workplace injuries or illnesses. This applies whether you’re full-time, part-time or an apprentice or sometimes even if you’re a casual worker or volunteer. 

Workers compensation for injury and illness is an increasing awareness issue in Australian society, with many workers becoming more aware of their rights and their employer’s responsibilities. 

The NSW Government’s State Insurance Regulatory Authority (SIRA) recently published that over the 2019/2020 financial year, NSW alone processed an astounding number of claims, and many workers were paid the compensation they deserved for their injuries.

According to the report:

• 94,759 claims were reported
• $3.69B was paid out for workers compensation entitlements
• 98,290 injured workers received a weekly benefit payment

Each state and territory in Australia has its own regulatory authority and compensation scheme, so understanding specific NSW workers compensation legislation and guidelines is essential to receiving the workers compensation you deserve.

NSW workers compensation legislation is outlined by SIRA to guarantee the legal protection of workers who suffer workplace injury or illness. A summary of the legislation includes:

For more detailed information on NSW workers compensation legislation, visit the State Insurance Regulatory Authority (SIRA).

What are the types of injuries and illnesses covered?

Here are some of the injuries and illnesses covered by workers compensation NSW-wide:

• Physical injuries. If you do repetitive tasks and develop conditions like tendinitis or chronic back pain, you’re covered. This also includes injuries from slips or falls in unsafe workplaces.
• Occupational illnesses. Long-term sickness from being exposed to harmful conditions at work is also included.
• Psychological conditions. Stress or trauma from your job that affects your mental health is recognised too. This ensures those suffering psychologically from work conditions get the support they need.

What can you claim on workers compensation in NSW?

Whether your work-related injury or illness is physical or psychological, you may be entitled to claim for a variety of things, including:

• Lost income or future income
• Medical, hospital, rehabilitation and in-home care expenses
• Medical equipment you may require
• Modifications to your home or vehicle
• Assistance in returning to work
• Permanent impairment compensation

Step #2: Prepare your documents.

Before filing for workers compensation NSW-wide, it’s crucial to prepare the right documents. This step is crucial whether you’re filing for a medical malpractice claim or other claims. You will need:

• Medical reports. These should include your diagnosis, treatments and any ongoing health needs from your injury.
• Workplace documentation. Include your job description and any incident reports, along with communications with your employer after the injury.
• Treatment records. Keep detailed records from hospitals or clinics confirming your medical treatments, medical expenses and rehabilitation costs.

Ensure accuracy to prevent delays.

Your documents must be accurate and complete. Mistakes or missing information can slow down or even stop your claim. To avoid this:

• Check dates and details. Make sure all dates are correct and descriptions are consistent across documents.
• Keep a communication log. Record all discussions with your employer about your injury to support your claim.

Well-prepared documentation ensures your claim, whether it’s for compensation or an income protection claim, is processed smoothly and quickly.

Step #3: Get legal help.

When you’re ready to file a workers compensation claim NSW-wide, it’s important to begin with expert legal support. At LHD Lawyers, we handle these claims from start to finish. 

We ensure all your documents, like medical reports and employment records, are correctly filled out and submitted. We also take care of all communications with the insurance company to make sure your rights are fully represented.

Why choose LHD Lawyers

Selecting the right legal help is crucial for your claim.

• Expertise in workers compensation NSW-wide. Our lawyers are experts in NSW workers compensation laws and manage your claim with the utmost professionalism.
• Client-centred approach. We customise our strategies to suit your specific needs, aiming for the best outcome while guiding you every step of the way.

Our No Win No Fee policy

Our No Win No Fee policy means you don’t face any financial risk. If we don’t win, you don’t pay anything other than the defendant costs. This policy makes our legal services accessible to everyone, helping you claim the compensation you deserve without worrying about upfront costs.

Example of a successful NSW workers compensation settlement

Our client in NSW was at work when they rolled an ankle walking backwards and dropped a heavy plate directly onto their knee, causing severe pain and immediate deformation. After being rushed to hospital they were found to have a displaced transverse fracture of the patella. 

With multiple therapies and surgeries required and ongoing complications caused by metal inserted during their initial surgery, LHD Lawyers negotiated a workers compensation amount of $400,000.00 in 2014.

If you want to learn more about cases we’ve handled that may be similar to the situation you have now, feel free to explore more of our workers compensation case studies.

Be prepared for potential challenges.

If you face negative actions from your employer after filing a workers compensation NSW claim, like being fired or demoted, know that this is illegal. In New South Wales, you can report such retaliation to SIRA. It’s crucial to document every incident, noting the date, time and details. 

At LHD Lawyers, we’re here to help you build a strong case, gather evidence and navigate through the complaint process effectively.

How do you handle claim disputes?

Managing disputes effectively during your workers compensation NSW claim is essential. Here’s what you can do:

• Document everything. Keep detailed records of all medical treatments, communications and interactions related to your claim. These records are crucial for supporting your case.
• Seek legal advice. Turn to experienced workers compensation NSW lawyers like us at LHD Lawyers. We know the ins and outs of these laws and other common law claims and will guide you through any disputes to keep your claim on track.
• Consider mediation. If issues arise with your insurer or employer, mediation might help. This process involves a neutral third party who helps negotiate a resolution, often leading to faster and less confrontational outcomes.

Using these strategies will help you handle disputes effectively and ensure your workers compensation NSW claim process remains intact.

How much do I get paid on workers compensation in NSW?

You may be wondering how much you’ll get paid if you do get a settlement or win court. Here’s a range of what you can expect in terms of compensation: 

Keep in mind, though, that specifics, like the exact amount and length of time you’ll be paid will ultimately vary based on your personal circumstances. This is typically determined by three key factors:

• An expert medical assessment of the extent of your injuries
• The amount of lost earnings due to not being able to work
• The extent to which future earnings are potentially impacted

Be aware of what employment changes can be made while you’re on compensation.

Can I resign while on workers compensation in NSW?

While you can resign while on workers compensation in NSW, it’s important to understand your rights and responsibilities by obtaining legal advice before you leave. In some cases, weekly payments may be reduced or suspended if you’re considered able to work or your workplace is providing suitable duties to support your recovery while working.

Can you terminate an employee on workers compensation in NSW?

Being dismissed by your employer is often a common concern when applying for workers compensation in NSW. Thankfully, there are rules in place to protect your job, including:

• It’s not legal for your employer to terminate you within the first six months of your injury purely because you’re unfit to resume your regular duties.
• Your employer must do everything they can to assist you in returning to work, including providing options to recover while working through reduced hours and changed duties.

If you’ve been terminated from your job while on workers compensation in NSW, your eligibility for workers compensation doesn’t end; you’ll continue to receive compensation benefits as long as your doctor certifies that you’re unable to carry out your previous work duties.

Can you be made redundant while on workers compensation in NSW?

If you’re made redundant while on workers compensation, your employer still needs to comply with the appropriate legislation and provide notice. You also have the right to receive settlements, such as a redundancy payment, while on workers compensation.

Frequently Asked Questions (FAQ)

Can I claim workers compensation for a mental health issue in NSW?

Workers compensation NSW claims include mental health issues directly linked to your work, such as severe stress or anxiety. For a claim to be successful, whether it’s for compensation or you’re filing for TPD claims, there must be clear medical evidence showing that your workplace conditions are the cause of your mental health issues.

What kind of medical treatment is covered under workers compensation?

Workers compensation NSW-wide provides extensive coverage for treatments needed due to work-related injuries or illnesses. This includes visits to your general practitioner, hospital treatments, surgeries, physiotherapy, psychological counselling and medications. The aim is to support your complete recovery and help you return to work, relieving the financial stress of medical costs.

What happens if I need to go to court for my workers compensation claim?

If your workers compensation NSW claim goes to court, it usually means there are unresolved issues about its validity or the extent of injuries. In court, all evidence, including medical reports and witness accounts, will be reviewed. It’s important to have legal representation in such cases, like what we can provide at LHD Lawyers.

Get the support you deserve with LHD Lawyers.

At LHD Lawyers, we make compensation claims differently. We boast a 99% win rate, a free claim check and a No Win No Fee policy (excluding defendant costs). We offer a free case assessment so you can understand your rights clearly. 

Whether you’ve been injured at work, in a car accident or due to medical negligence, our experts are here to help you move forward. We work on a range of claims, including public liability and superannuation. Trust us to handle your case with empathy and expertise. 

Ready to take the next step? Call us at 1800 455 725 for an online consultation and free legal advice and to discuss your case with our experienced lawyers.

Author: Jasmina Mackovic

Original Publish Date: November 14, 2o22

Last Updated: October 22, 2024