Workers Compensation
Claims

Workers Compensation Claims

In New South Wales, since 1926, a worker injured during the course of their employment is entitled to make a workers compensation claim through their employer’s workers compensation insurance for benefits. Regrettably, over time, the extent of the benefits available to injured workers have been eroded by successive governments in the name of reform.

Our experience is that reform simply refers to the systematic degrading of workers’ rights to claim proper compensation for their injuries for the benefit of insurance companies. Discuss your potential for a workers compensation claim with one of our expert workers compensation lawyers today!

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ARE YOU ELIGIBLE TO MAKE A WORKERS COMPENSATION CLAIM?

Under the New South Wales Workers Compensation scheme, all injured workers are entitled to lodge a workers’ compensation claim for their workplace injuries.

WHAT ARE YOU ABLE TO CLAIM?

The Commission has jurisdiction to deal with the following disputes which may arise as between those who have been injured at work and the 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;
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 insurer maintain the decision to decline the claim, proceedings can be brought in the Workers Compensation Commission.

WHAT IS YOUR NEXT STEP?

If you have suffered due to a workplace injury, you may be eligible for lump sum compensation due to your work related injuries. Simply telephone Brydens Lawyers and make an appointment to discuss your matter with our specialist workers compensation lawyers to discuss the compensation benefits to which you may be entitled.

Our team of experts are offer a free* initial consultation, so you can discuss your concerns with a workers compensation lawyer, free of cost and of obligation.

*Conditions apply.

WHY ARE BRYDENS LAWYERS THE RIGHT REPRESENTATION FOR YOUR WORKERS COMPENSATION CLAIM?

Brydens Lawyers has a specialist workers compensation lawyers division. As expert compensation lawyers, we have many years of experience successfully completing workers compensation claims for those who have been injured at work. Our workers 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.

If you have been injured at work, or are suffering a work related injury, book an appointment with one of our expert personal injury lawyers today on 1800 848 848.

WHAT ARE THE ASSOCIATED COSTS WITH WORKERS COMPENSATION CLAIMS?

There are no legal costs charged to a client in a statutory workers compensation matter. In New South Wales the legal fees are paid completely by the Independent Review Office (IRO).

In order for IRO to provide a grant of legal funding for a matter, IRO must be satisfied that the client has some prospect of succeeding in a claim for statutory entitlements or the challenging of a decision by the insurance company concerning benefits payable.

In New South Wales the lawyer must be approved by IRO as an Independent Legal Assistance and Review Service (ILARS) lawyer in order to qualify for funding. Brydens Lawyers are ILARS approved lawyers.

In the event that the worker has available a claim as against a third party or a work injury damages claim against the employer, that is claims based in negligence, then the ordinary principles apply and the worker will pay for their legal costs in connection with their representation in these matters, but again only if the claim is successful.

DOES YOUR NO-WIN-NO-FEE POLICY APPLY?

Brydens Lawyers operates on a no-win-no fee basis. Our no win no fee policy is defined by the following- if the claim is not successful then Brydens Lawyers will not raise an invoice for having acted in the matter. To learn more about our no win no fee legal services in relation to workers compensation claims- get in touch with our team today on 1800 848 848.

Brydens Lawyers are the experts in all forms of workers compensation law, including workplace bullying, work related accident, psychological injuries and employer’s negligence.

START YOUR CLAIM

WHAT IS THE PROCESS TO SUBMIT A CLAIM?

STEP ONE

An individual who has been injured at work should report a workplace injury to the employer as soon as practicable following the occurrence of the injury and preferably within 30 days from the date of the injury. Under the NSW Workers Compensation Scheme, every employer is required to maintain a register of injury which the injured party will be asked to complete. In the event that the workplace does not maintain such a register, the individual can provide details of the injury to the employer in writing. The worker may be provided with a notification of injury form to complete and return to the employer.

The injured party should retain a copy of all notifications provided to the employer.

STEP TWO

Following the report of injury the injured party should seek treatment for the injury sustained. This would involve an attendance upon a nominated treating doctor or a hospital depending on the nature and severity of the injury. Following the initial consultation, a Certificate of Capacity will be provided to the injured worker which incorporates an assessment by the treating doctor of the injured worker’s capacity for work as well as a diagnosis that the injury sustained was work-related.

This Certificate is important for the enabling of the lodgement of a workers compensation claim. The Certificate should be provided to the employer and the employer will then in turn provide the injured worker with a Workers Compensation Claim Form for completion. The completed Claim Form, together with the Certificate of Capacity is then submitted by the employer to the insurer.

In the event that the employer refuses or fails to provide a Claim Form to the injured worker then the injured worker should make contact with the insurance company directly or the State Insurance Regulatory Authority or a legal representative who can assist with this process.

STEP THREE

A claim should be lodged with the employer and the insurer within six months of the injury. However, if there is any delay the insurer will consider a claim lodged outside the six month period if a reasonable explanation can be provided. Such an explanation can include the inability of the treating doctors to provide a proper diagnosis of the injury and to relate same to the injured worker’s employment or that the injured worker may be suffering a psychological injury which can take time to manifest itself.

CONCLUSION

Brydens Lawyers are experts in the prosecution of all workers compensation claims. For specialised legal advice and representation in relation to your workers compensation claim, or any personal injury law matter, contact Brydens Lawyers on 1800 848 848 or at brydens.com.au. Strict time limits may apply with respect to the lodgement of such a claim so do not delay. If you have been injured at work- contact the expert compensation lawyers today.

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Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.
–
Sue from Sydney, a client of our Workers Compensation division.

Thank you so much for helping out with my case over the last few years. Henry Zhang was extremely helpful. Without his referral, this case would not have been possible. Silva Ishac was also instrumental in helping secure this case in my favour- thank you so much for your unwavering commitment and support.
–
A client of our Workers Compensation division.