Workers compensation claims in NSW are available to support injured workers. But it’s important to understand your workers compensation claim rights to make sure you receive everything you’re entitled to.
At Law Partners, we ask more questions and get to know you personally. It’s how we spot the things others don’t, so you get more workers compensation.
Workers compensation claims in NSW are available to injured workers who have had any time off work or any treatment expenses.
Here’s a summary of the workers compensation claim process:
First, you should report your injury to your employer.
You’ll need to provide a certificate of capacity from your doctor.
Your employer has 48 hours to report your injury to their workers compensation insurer.
You can also report it directly to the insurer if you like.
The insurer will contact you to arrange an assessment of your injuries and then notify you whether it’s accepting liability for your claim.
It’s important to note that you don’t have to agree with the insurer’s decision, and you should seek legal advice if you have any concerns about it.
If you’re not sure what you should do, call us on 13 15 15 to get free, personal advice from a workers compensation lawyer.
He saved my life – I should be dead
Construction Manager Trevor, who had his life saved by a fast-thinking workmate after a horrific work accident, opens up about being pushed to the edge by his devastating injuries and how he managed to come out the other side.
What if my workers compensation claim or treatment is denied?
Insurers sometimes deny benefits for workers compensation claims and may not tell you about additional lump sums you can claim.
Here are some examples of common disputes:
The insurer doesn’t consider the person making the claim to be a ‘worker’ (under the legislation).
The insurer considers that employment wasn’t the main contributing factor to the injury.
It wasn’t ‘reasonably necessary’ to have the medical treatment or to incur other expenses claimed.
If your workers compensation claim is denied, here are some ways we can help you:
Request an internal review by the insurer, who must respond within 14 days.
Lodge a dispute directly with the Personal Injury Commission.
We can also apply for funding to cover our fees, so there’s no cost to you.
If any part of your workers compensation claim has been denied, or you’d like to know about any lump sums you can claim, call 13 15 15 for free legal advice. We have a strong track record of success in overturning denied claims for our clients.
Who can make a workers compensation claim in NSW?
We win over 99% of our cases, helping people across all industries including:
Workers compensation claims NSW – what you can claim:
The following table outlines the weekly payments, medical expenses and lump sum payouts you may be entitled to if you make a workers compensation claim in NSW:
Workers Compensation Payment NSW
These are payments to compensate you for lost income while you’re off work.
Payment of your medical, hospital, ambulance, rehabilitation (including home help) and travel expenses.
Permanent impairment payout
A lump sum compensation payout to cover permanent impairment as a result of work-related injury or illness.
Work Injury Damages payout
Also known as common law claim, this is a lump sum payout for damages if your injury was caused by your employer’s negligence.
To qualify for a permanent impairment lump sum, you’ll need to be assessed as having a WPI of 11% or more. Our specialist workers compensation lawyers can make sure your assessment is done correctly and that you receive your full entitlements, including any lump sums you’re eligible for.
How we can help you.
Here are four ways our workers compensation lawyers can get more compensation for your injury:
Dispute the workers compensation insurer’s decision if they’ve denied any part of your claim or any treatment.
Check your WPI assessment to see if you qualify for a permanent impairment lump sum payment.
Investigate the circumstances of your injury to determine if there are other claims you can make, such as a lump sum damages claim.
If you’re unable to work, we can review your superannuation policies to see if you’re entitled to a TPD lump sum.
Frequently asked questions.
Workers compensation claims in NSW should be made within six months of the accident or injury. However, there are exceptions where you can exceed this time limit. For example:
A claim can be made up to three years after the accident in some situations (e.g. if you’ve been travelling or you make an honest mistake).
If a claim relates to an injury resulting in death or serious and permanent impairment, the claim may still be made after three years, if there’s a reasonable cause for the delay.
If a period greater than three years has passed since the accident then a claim may still be made with SIRA approval.
There are also special arrangements if you become aware of an injury a long time after the accident. In these cases, the time limit for workers compensation claims starts from the time you become aware of your injury and the reasons for it.
After your workers compensation claim is submitted by your employer, the insurer has 14 days to notify you whether:
Your claim is accepted
There’s not enough information to make a decision and they need more time
Your claim is denied
If your claim is accepted, you should start receiving payments straight away.
Most Australian superannuation policies include TPD (Total and Permanent Disability) insurance. This provides you with disability benefits paid in one lump sum if you can’t work. However, the definition of TPD varies between policies – for example, your policy might cover you for:
Being unlikely to be able to return to work in your occupation
Being unlikely to be able to return to work in any occupation
Successful TPD insurance claims need to be backed by proof that you meet the criteria outlined in your TPD insurance policy. We can check your super funds for you and tell you how much you can claim – it’s a free service.
If your work injury is the result of negligence on the part of your employer, and you’ve been assessed as having a whole person impairment (WPI) of at least 15%, you can sue your employer for damages to cover loss of past wages and loss of future earnings capacity. This is a common law damages claim, and under the workers compensation system it’s known as a Work Injury Damages claim. If you’re considering suing for damages, you can call 13 15 15 for free legal advice on your options.
If you’ve made a workers compensation claim, your employer can’t legally terminate you within the first six months after your injury purely because you’re unfit to resume work.
In NSW, an employer can only terminate an injured worker six months after the date of injury if they’ve met all their obligations to you. But even so, under the NSW Workers Compensation Act, you would still be eligible to benefits and there are still avenues for reinstatement.
You’re in safe hands with Law Partners.
At Law Partners, your workers compensation lawyer is backed by a team of specialists including paralegals, medico legal experts, forensic accountants and barristers. So, you’re in safe hands with Australia’s largest specialist personal injury firm.
Many lawyers have the technical ability to run a successful case but being able to connect with your client through a personal approach is what separates the great lawyers from the good lawyers. And it’s this combination that my team and I bring to every case.
For a client dealing with a serious injury, there’s nothing worse than being kept in the dark without any understanding or knowledge of their claim. That’s why I establish an open communication pathway with every client, to ensure they’re always fully aware of the status and direction of their case.
If you truly empathise with your clients and understand what a successful outcome would mean to them, you’ll naturally be driven to succeed. Every client deserves a Solicitor who possesses this natural drive.
I live by the mantra that nothing great comes without hard work. And this is so true when it comes to personal injury law, as no great outcome can be achieved without putting in the work and building the best possible case.
I strive to always deliver a level of client care that I’d want for my family if they needed compensation. And it starts with communication and using plain language that’s easy for my clients to understand.
My professional approach revolves around client transparency – ensuring clients are informed and always feel comfortable enough to be able to ask any questions or express any concerns. This for me, is a healthy client/solicitor relationship.
Without doubt, communication is the key to law, particularly when dealing with clients who are in stressful situations. It’s not just about giving good advice but equally, giving that advice in a way that is clear and easy to comprehend.
Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.
We’ll match you with a lawyer who specialises in workers compensation claims like yours.
We’ll build a personal relationship with you and your family to make sure we understand the true impact of your injuries.
Your legal team will check in with you regularly and always keep you up to date with your case.
We win over 99% of our cases and pride ourselves in winning more compensation.
We have over 400 5-star reviews on Google.
I would like to give a huge sincere thank you to Chantille and her team who helped me with probably the most difficult period of my life, Chantille was caring, honest, thoughtful, understanding and listened to me without judgment and importantly was supportive, I was updated every step of the way and informed of all the proceedings, time frames and possible outcomes.
Chantille was professional and made me feel comfortable at all times, she is caring and worked diligently with me to achieve the best possible outcome, I couldn’t be more pleased with the result. Every person I came in contact with was genuine and eager to assist in every way possible from the receptionists all the way up, absolutely wonderful people.
Thank you all for being there in my time of need and thank for laughing at my jokes bless you all.
Angelo Soulintzis gave Law Partners a review on Google
So grateful to Lara Karam and her team for all the help they provided throughout my claim. They were attentive, caring and very knowledgeable. Thank you Law Partners for all your help!! I highly recommend.
Stacey Baker gave Law Partners a review on Google
This company has been very good to me in trying to get me some resources from the company where I was hurt or injured they have been very good in contacting me and they seem very knowledgeable of what they doing especially the younger lady Sarah King she is a brilliant Solicitor I would have her beside me any day to fight for me.
Unfortunately The company that I had the injury with are stating they have no information or records or video now of the accident so I have to withdraw my case because of them stating they have no information or records on my case but they’re not telling the truth because it really happened and I can’t fight goliath I’m only the little person needless to say Sarah has been really wonderful in trying to fight goliath for me so if anyone ever needs to have a good representation of a solicitor I recommend this company very very well it’s just a shame I have had to withdraw through the people saying where the accident happened they have no record it never happened but it did.
This company is a great company for people who have all the proof they need to pursue their accident case highly recommend this company
Barbie Runciman gave Law Partners a review on Google
I would like to thank Law Partners for all their help and support through out my claim. Every member of Law Partners from start to finish were so helpful, and went above and beyond keeping me updated and well informed of any changes.
Very professional team that kept my best interest and what would be best for me at all times in mind. Cannot thank them enough; would highly recommend them in an instant.
Made me feel like part of their family. Thanks for everything again guys.
Adam Gollnitz gave Law Partners a review on Google
I couldn’t be happier with my choice. Professional, thorough and caring. I wouldn’t hesitate to recommend this firm and Bianca in particular. On your side when you need it the most.
Petre Rosengren gave Law Partners a review on Google
I am lucky enough to have Angy Basel and Georgia McPherson on my side all the way through to my worker compensation claim. Since they took over my case, I never worried about legal side. Very professional and very easy to reach and understand a situation really well and finally they have won a legal battle with my insurer.
I will highly recommend Law Partners to those who are struggling with legal battles with insurance or with their employer. Thanks very much for treating me with dignity and respect.
Zulqarnain Ahmad gave Law Partners a review on Google
Law Partners Sydney is the most professional law firm I have ever dealt with. They are extremely diligent and have their clients best interest in all that they do. I could not recommend them enough.
NK gave Law Partners a review on Google
I would like to thank you for the outstanding professionalism at Law Partners. From the receptionists to secretaries and of course the lawyers were all very helpful and overall I am very pleased with the outcome of my case so I highly recommend Law Partners.
Joseph B gave Law Partners a review on Google
My family and I would like to thank the Law Partners team for their valuable support during a difficult time for us. They were always willing to help and kept us updated throughout the whole claims process. We couldn’t have achieved such a great outcome without Law Partners on our side.
Melissa A gave Law Partners a review on Google
Thank you and all your staff for the help you have provided in these trying times. I was feeling pretty negative about my future but after my first meeting with my lawyer I knew I had someone on my side who really wanted to help me. I wouldn’t hesitate recommending you to anyone who needs your services.
Cem O gave Law Partners a review on Google
I would just like to take this opportunity to thank Law Partners for their services. The outcome was excellent and right from the first meeting to the last, Law Partners made the whole process feel seamless and effortless! I was pretty uncertain at first choosing a lawyer but so glad I chose Law Partners.
Shani D gave Law Partners a review on Google
I just wanted to say thank you for everything Law Partners have done for my family and I over the last 18 or so months. Thank you so much for handling our case with the utmost professionalism and thank you for always being just a phone call or email away to answer our questions and give us a great result.
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