NSW Workers’ Compensation Claims – Workplace Injuries
Compensation Law
Helping injured workers in New South Wales access compensation for their injuries
If you have suffered an injury or accident at work, Attwood Marshall Lawyers’ expert personal injury team can help you claim workers’ compensation.
Accidents happen. Employers in NSW are required to pay for workers’ compensation insurance so that their employees are covered if they suffer an injury at work. In cases of workplace injuries, the workers’ compensation insurer steps into the place of the employer to pay out any entitlements or compensation owed to the injured worker.
This compensation system provides injured workers with medical treatment, weekly income payments, assistance with returning to the work force, and lump sum compensation for any permanent impairment arising from their injury.
Historically, the NSW government has increasingly savaged the entitlements of injured NSW workers in such a way that the workers’ compensation scheme benefits insurers and disadvantages injured workers. The scheme can be difficult, protracted, inadequate and insurers often deny valid workers’ compensation claims, or unreasonably refuse recommended treatment options.
You do not have to pay for legal assistance with your statutory benefits claims under the current system as it is covered through IRO funding. However, the statutory benefits to which an injured claimant is entitled is miserly and has been increasingly reduced by the NSW government (irrespective of which party is in power) over the past twenty years. Employer premiums somehow remain high and it is clearly a system that benefits the insurers who seem to make record profits each year at the expense of employers and injured workers.
Those who have suffered serious work injuries due to employer negligence have unreasonable thresholds to meet before they can even claim common law compensation. In the cases where those thresholds are reached, injured workers are only able to claim for income and superannuation loss (not pain and suffering, medical and treatment costs, care and assistance costs, paid care, aids and equipment, or similar).
Despite the scheme’s shortcomings, it is our intent to help you and to change your life for the better. With our in-depth understanding of the NSW workers’ compensation claims model and the tactics used by insurers to deny claims, we are well placed to handle all the negotiations with the insurer on your behalf and keep you up to date with your claim’s progress every step of the way. We will leave no stone unturned in claiming as much compensation as we can for you. Despite the difficult system, Attwood Marshall Lawyers has historically achieved exceptional results for our clients.
Our No Win, No Fee service for common law claims means there are no upfront costs you need to worry about, and you will only pay our legal fees if you proceed with a common law claim and we win your case.
Our Process
1. Chat with us
Tell us your story; we’re here to listen!
2. Find out where you stand
Meet with one of our expert compensation lawyers for a free initial consultation.
3. Negotiation
Our team will manage the negotiations and discussions with the workers’ compensation insurer. We will fight for you to get you the best possible outcome.
4. Settlement
We receive your payment from the insurer and transfer it directly into your nominated bank account.
FAQs
If you have been injured at work in NSW, you may be entitled to claim workers’ compensation statutory benefits. This includes access to weekly payments, medical treatment costs, rehabilitation assistance, and potentially lump sum compensation for impairment. These benefits are available regardless of fault and if the work injury was suffered as a result of your work duties.
If your work injury was incurred due to employer negligence (e.g. unsafe work practices, a negligent co-worker, faulty equipment, unreasonable hazards, lack of training/procedures, etc) you may be able to make a common law workers’ compensation claim. Unlike statutory benefits, these claims are fault-based. You need to go through the statutory benefits phase first. If, at the end of that claim, you have a 15% whole person impairment or more, and your employer was negligent, you can make a common law claim for a once-off payment of compensation comprising your past and future income loss suffered as a result of your work accident.
icare is the primary insurer for most New South Wales’ businesses. Workers whose employers are self-insured will need to contact their employer’s insurer to make a claim for workers’ compensation.
Do not let your employer persuade you to not seek legal advice or make a claim for compensation if you have suffered an injury or illness in the workplace. In most cases, your employer does not pay out the claim, it is the workers’ compensation insurer that pays.
We offer a free initial consultation so you can find out where you stand and make an informed decision. We can discuss your injury and provide you with information that will help you decide what to do next. Call our friendly team on 1800 621 071.
All employers in New South Wales must cover their employees with workers’ compensation insurance in the event they are involved in an accident or suffer an injury. Workers are covered whether they are casual, part time or full-time employees.
If you are unsure as to whether you are entitled to claim workers’ compensation, contact our team anytime on 1800 621 071 to discuss your matter.
We offer a free initial consultation so you can find out where you stand and make an informed decision.
Most workers’ compensation claims are required to be made within six months of the date of injury, although you can usually bring a claim up to 3 years after the accident if you can show a reasonable excuse for the delay.
The timeframe for your claim depends on how long it takes your injuries to stabilise, the attitude of the parties towards settlement, and the procedural steps necessary to bring your matter to a conclusion. For more advice, please contact us on 1800 621 071.
Injuries can be both of a physical or psychological nature. If you have injured at work, or on your way to and from work, you may be entitled to workers’ compensation.
There are many types of injuries that can occur at work, including:
- Head injury
- Brain injury
- Asbestos or silicosis injury
- Burns and abrasions
- Eye injury
- Cuts and lacerations
- Soft tissue injury
- Spinal injury, including disc bulge, disc herniation, disc fracture or disc protrusion
- Back injury
- Neck injury
- Shoulder injury
- Knee injury
- Finger, hand, arm and wrist injuries
- Toe, foot and leg injuries
- Psychological trauma
- Repetitive strain injury (RSI)
Workplace accidents and injuries can occur in every industry or occupation, from unexpected accidents happening in an office, to severe injuries occurring on a construction site or farm. Injuries and conditions can be physical, psychological or both.
If you have suffered an injury or medical condition as a result of your work, it is important to discuss your circumstances with an experienced compensation lawyer who can help you understand what you may be entitled to and the best course of action.
Your employer does not pay the sum of money you will receive from a workers’ compensation claim. It is your employer’s workers’ compensation insurer that will pay your compensation. In most cases in New South Wales, icare is the insurer who will cover your employer for workplace injuries. Your employer pays icare a premium each year to ensure that their workers have access to the compensation they need if you are involved in an accident or sustain an injury at work.
Attwood Marshall Lawyers fight for workers to ensure they receive the medical treatment they deserve, and the compensation they need to support their families and themselves. Our team of compensation lawyers are trained to listen to your story and connect with you to ensure that we understand what matters most to you.
You can have confidence in knowing you are receiving the best legal services:
- No Win, No Fee guarantee;
- Free initial consultation, our team will immediately assess your claim;
- A dedicated legal team of experts who practice exclusively in compensation law;
- 24-hour availability (we’re here to support you evenings, weekends, or public holidays if you need us);
- Home and hospital visits. We will come to you if your injury restricts you from visiting your lawyer at our offices.
- Attwood Marshall Lawyers maintain an accreditation to the Quality Management System ISO 9001:2015 in the Provision of Legal Services. This means our systems provide our clients with the best customer experience and quality services that comply with a standard approved by the International Standards Organisation for Quality Management Systems. At the heart of our business is our intent to help people and change their lives for the better. These systems help us deliver our intent.
We understand that it can be intimidating going through the process of making a workers’ compensation claim. We will support you through every step.
Caring for injured workers in New South Wales
Attwood Marshall Lawyers act on a No Win, No Fee basis on compensation claims. You only pay our fees if you win your case and receive compensation! There are no upfront costs. We offer a free, no-obligation and confidential discussion so you can find out exactly where you stand from the very start.
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