In New South Wales, since 1926, a worker injured during the course of their employment is entitled to make a claim on their employer through its insurer for benefits. Regrettably, over time, the extent of the benefits have been eroded by successive governments in the name of tort reform. Our experience is that tort reform simply refers to the systematic degrading of workers rights to claim proper compensation for their injuries for the benefit of insurance companies.
ARE YOU ELIGIBLE
TO MAKE A CLAIM?
Any worker injured at work is entitled to lodge a workers compensation claim.
WHAT ARE YOU
ABLE TO CLAIM?
The Commission has jurisdiction to deal with the following disputes which may arise as between a worker and insurer:
- Claims for weekly benefits (wages);
- Allocation of suitable duties following a work injury where there has been disagreement about the type of duties or the extent of the duties to be performed;
- Medical, hospital and related expenses;
- Liability and quantum of claim for permanent impairment compensation;
- Pain and suffering compensation which is available for exempt workers;
- Compensation for death of a worker;
- Compensation for damage to any personal property;
- Compensation for domestic assistance required by the injured worker;
- Degree of permanent impairment resulting from the injury.
WHEN SHOULD YOU CONSULT A LAWYER ABOUT MAKING A CLAIM?
Following an injury at work it is important that the worker report the injury at the earliest opportunity. The claim is then passed on by the employer to the workers compensation insurer.
If the insurer accepts the claim, as occurs in most cases, the worker will be paid for periods of absence from work and reimbursed medical expenses.
In the event that the insurer disputes the claim and declines same a review of the decision can be sought. Should the insure maintain the decision to decline the claim proceedings can be brought in the Workers Compensation Commission.
WHAT IS YOUR
Simply telephone Brydens Lawyers and make an appointment to discuss your matter with specialist workers compensation lawyers.
WHY ARE BRYDEN’S LAWYERS THE RIGHT REPRESENTATION FOR YOU?
Brydens Lawyers has a specialist workers compensation lawyers division. We have many years of experience in this field of law. Brydens worker compensation lawyers can call upon a vast array of resources including highly experienced barristers who regularly appear in the Workers Compensation Commission and achieve outstanding results in these matters.
LATEST NEWS FROM LEE
Superannuation, as we know, is a legal obligation on the part of all employers to contribute a minimum percentage of each employee's earnings to a compliant superannuation fund or retirement savings account. Currently the superannuation guarantee contribution rate is 9.5% of a worker’s ordinary time earnings.This rate will increase by 0.5% on 1 July 2021. Further increments will apply annually up until 2025/26 when ultimately the superannuation guarantee rate will be set at 12%.
This of course is good news for all employees. It is however only good news if the superannuation guarantee rate is in fact paid by the employer.
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