Workers’ Compensation Claims – Sydney Workplace Injuries
Sydney Personal Injury Lawyers
Attwood Marshall Lawyers are one of Sydney’s leading compensation law firms with over 75 years’ experience helping injured workers.
Our expert team are dedicated to helping workers across Sydney obtain the compensation they are entitled to after suffering a workplace injury or illness.
Unfortunately, accidents happen in the workplace, despite employers doing everything that they can to reduce the risk of the unexpected happening. In New South Wales, all employers are required to hold workers’ compensation insurance so that their workers are covered if they obtain an injury at work. If a worker is injured in the course of their work, the workers’ compensation insurer steps into the place of the employer to pay out any entitlements or compensation owed.
The workers’ compensation system provides injured workers with:
- weekly compensation benefits
- medical treatment
- assistance with returning to work
- lump sum compensation for any permanent impairment arising from their injury.
The NSW workers’ compensation scheme can be difficult and inadequate, with insurers often denying valid workers’ compensation claims, or unreasonably refusing to pay for the recommended treatment of injured workers.
The current system covers you for legal assistance through IRO funding when you make a statutory benefits claim. However, it is important to note that the statutory benefits to which an injured worker is entitled to in New South Wales is miserly and has been increasingly reduced by the NSW Government over the past two decades.
Employer premiums for workers’ compensation insurance remain high, therefore it is clear that the system benefits the insurers who seem to make record profits every year at the expense of injured workers.
Any worker who has suffered a serious work injury due to their employer’s negligence have reasonable thresholds they must meet before they can claim common law compensation (work injury damages). In the cases where those thresholds are reached, injured workers are only able to claim for superannuation and income loss. They are not able to claim for pain and suffering, medical treatment, care and assistance costs, aids, and equipment, or similar.
Despite knowing what we are up against, it is our intent to help injured workers so that they can get everything they are entitled to and we can hopefully change your life for the better.
With extensive experience in handling NSW workers’ compensation claims, our in-depth understanding of the scheme and claims model ensure we are well positioned to manage all the negotiations with the insurer on your behalf to obtain the most favourable outcome.
We promise to keep you updated every step of the way and will leave no stone unturned in claiming as much compensation as we possibly can for you.
Our No Win, No Fee guarantee for common law claims means you do not have to pay any upfront costs, and you will only pay our legal fees if you proceed with a common law claim and we win your case and you get your compensation.
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1. Contact our friendly team
Tell us your story; we’re here to listen!
Meet with one of our expert personal injury lawyers for a free initial consultation.
We will manage the negotiations with the insurer and will fight for you to get the best outcome possible.
Once we receive payment from the insurer, we will transfer this directly into your nominated bank account.
A workers’ compensation claim is a claim for statutory benefits you may be eligible for if you have been injured at work in New South Wales.
These benefits give you access to:
- weekly payments
- medical treatment costs
- rehabilitation assistance
- lump sum compensation for any permanent impairment arising from your injury
Statutory benefits are available regardless of who was at fault and if the work injury was suffered because of your work duties.
If your employer was negligent and as a result this contributed to your injury sustained at work (for example, unsafe work practices, a negligent colleague, faulty equipment, hazards, lack of training, etc.) you may be able to make a common law workers’ compensation claim.
A common law claim is a fault-based claim. In order to make a common law claim, you need to go through the statutory benefits claim process first. If, at the end of your statutory benefits claim you have a 15% or more whole person impairment, and your employer was negligent, you can then make a common law claim for a once-off compensation payment. This payment will include your past and future income losses suffered as a result of your workplace accident.
In New South Wales, most businesses hold their workers’ compensation insurance through icare. If your employer is self-insured, you will need to contact your employer’s insurer to make a claim for workers’ compensation.
Do not let your employer talk you out of seeking legal advice in relation to your workplace injury or encourage you not to make a claim for compensation. In most cases, your employer does not pay for your compensation claim, it is the workers’ compensation insurer that will pay.
Attwood Marshall Lawyers offer a free initial and confidential consultation so that you can understand your rights and make an informed decision. Our team will discuss your injury with you and provide you with information that will help you decide what steps to take next.
If you have sustained an injury at work, no matter if you work casually, part time or full time, you are covered by your employer’s workers’ compensation insurance.
If you are unsure about your circumstances and if you are entitled to claim workers’ compensation, contact our team any time on 1800 621 071 and they will be able to help you understand your rights and entitlements.
Time limits do apply when making a workers’ compensation claim. In most cases, your claim must be made within six months from the date of your injury. If you fail to make your claim within this timeframe, and can show a reasonable excuse for the delay, you may be able to bring a claim up to 3 years after the workplace accident happened.
Settling workers’ compensation claims depends on how long the worker’s injuries take to stabilise. Other contributing factors that can determine how long a claim may take to settle include the attitude of all parties towards settlement, and the procedural steps necessary to bring your matter to a conclusion. To discuss your specific claim and find out more about expected timeframes, contact our Sydney team on 1800 621 071.
Workers’ compensation claims can cover both psychological and physical injuries. If you have been injured at work, or travelling to or from work, you may be entitled to claim worker’s compensation for:
- Burns and abrasions
- Cuts and lacerations
- Head injuries
- Brain injuries
- Asbestos or silicosis injuries
- Eye injuries
- Soft tissue damage
- Spinal injuries, including bulging discs, disc herniation, disc protrusion and disc fractures
- Back injuries
- Neck injuries
- Shoulder injuries
- Knee injuries
- Finger, hand, wrist, and arm injuries
- Toe, foot, and leg injuries
- Repetitive strain injuries (RSI)
- Psychological trauma including PTSD
Workplace accidents and injuries can range in severity and can occur in every occupation or industry. They can be of a psychological nature or physical, or both.
If you have suffered a psychological or physical injury, or medical condition, as a result of your work it is important to discuss your situation with an expert personal injury lawyer who can help you understand the entitlements you may be eligible to claim.
Your workers’ compensation claim is not paid by your employer. It is your employer’s workers’ compensation insurer that will pay your compensation. Your employer pays a premium to their insurer each year to ensure that their workers have access to compensation if they need it and if they are involved in an accident and sustain an injury at work.
Attwood Marshall Lawyers fight for workers to ensure they get the treatment they need and the compensation they deserve to provide them with financial security and help them with their recovery.
Our team take the time to listen and connect with our clients to ensure we have a comprehensive understanding of what matters most to you.
We have a long-standing history of delivering exceptional results and helping injured workers obtain the maximum amount of compensation they are entitled to.
We promise you:
- No Win, No Fee
- Free initial consultation
- Immediate assessment of your claim
- Specialist knowledge and expertise
- 24-hour availability
- Home and hospital visits if you are unable to visit one of our offices
We understand that making a workers’ compensation claim can be confronting but we are here to support you every step of the way.
No Win, No Fee Sydney Work Injury Lawyers
Attwood Marshall Lawyers act on a No Win, No Fee basis on all workers’ 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.
Make an appointment at our Sydney office at Level 32, 101 Miller Street, North Sydney, or arrange a phone or video consult today.
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