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Workers Compensation Claim FAQs

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I was injured at work. Can I make a claim for workers compensation?
If you suffer a work related injury or disease you are entitled to claim workers compensation under the New South Wales workers compensation scheme that is administered by WorkCover NSW.
The Scheme administers weekly payments, lump sum payments for permanent impairment, payments for pain and suffering as well as payment of medical bills and intensive rehabilitation assistance.
To be eligible you need to be classified as a “worker” or “deemed worker” under the workers compensation legislation. You are a “worker” if you receive wages or commission each week and you will be a “deemed worker” if you are an outworker, contractor, taxi driver, sales representative or casual/part time worker.
The expert legal team at NSW Compensation Lawyers can advise you on whether you are able to claim workers compensation and what you need to prove to qualify for compensation under the Scheme.

What is a workplace injury?
A workplace injury means an injury or disease suffered by a worker which arises out of, or in the course of, their employment.
I was injured on my way to work. Am I entitled to workers compensation?
Yes. You are able to make a claim for workers compensation if you suffer an injury on your way to work or your way home from work. If you are required to attend any other places for work and are injured travelling to these places you are also eligible for workers compensation under the Scheme.

What do I need to do to claim workers compensation?
If you are injured at work you need to seek medical attention and notify your employer of the injury as soon as possible. Your employer is required to notify their insurer of your injury within two days.
You may be required to provide a WorkCover medical certificate to allow the insurer to obtain information from your treating doctor about your injuries.
The expert workers compensation lawyers at NSW Compensation Lawyers can advise you on how to make your claim and we will ensure that your workers compensation claim is handled professionally and quickly.
How long before the insurer makes a decision about my workers compensation claim?
The insurer has 21 days from the date of lodgement of your claim to decide whether or not they will accept liability for your workplace injury.
However, if you are receiving weekly payments the insurer is able to extend the timeframe for 12 weeks or until your weekly payments are no longer being made.
How long before the insurer makes a decision about my workers compensation claim?
The insurer has 21 days from the date of lodgement of your claim to decide whether or not they will accept liability for your workplace injury.
However, if you are receiving weekly payments the insurer is able to extend the timeframe for 12 weeks or until your weekly payments are no longer being made.
I can’t work because of the injury? Do I still get paid?
Yes. Your employer’s insurer is obliged to begin weekly compensation payments within seven days of being notified of your injury. You can also make a claim for medical expenses up to $5,000. These payments are called “provisional liability” payments and do not mean that the insurer will not challenge your claim to workers compensation.
I was injured at work and I’ve just found out that my employer is not insured. Am I still able to claim workers compensation?
Yes. If your employer is not insured, then you can still claim workers compensation under the Uninsured Liability and Indemnity Scheme.
However, you need to satisfy certain criteria to access this Scheme such as showing that the injury occurred while you were working for your employer.  At NSW Workers Compensation Lawyers we will make sure that you satisfy these requirements allowing you to be compensated for your workplace injury.
My doctor said I have suffered a permanent impairment. What does this mean?
A permanent impairment is a medical term and basically means that you have suffered a workplace injury or illness that will not recover i.e. that will not return to your pre-injury state.
If your doctor says you have suffered a permanent impairment then you are entitled to receive a lump sum payment that is calculated according to a standard formula that varies depending on the degree of your permanent impairment.
I have suffered a permanent impairment. How much compensation am I entitled to?
The amount of compensation you are entitled to will depend on the degree of your permanent impairment. A qualified medical specialist calculates the degree of your permanent impairment under standard guidelines and the expert legal team at NSW Compensation Lawyers can advise you how much compensation you will receive for your permanent impairment.
The maximum amount of workers compensation an injured worker can receive is currently $250,000.00 with weekly income support and medical costs for life paid separately from this lump sum payment.
The insurer has rejected my claim for workers compensation. What do I do now?
The expert legal team at NSW Compensation Lawyers has extensive experience in acting for clients whose workers compensation claims have been rejected by insurers.
If your claim for workers compensation is rejected you will need to apply for a review of the decision as soon as possible. At NSW Compensation Lawyers we will ensure that your case is fully prepared and your claim for compensation resolved as soon as possible so that you can concentrate on getting back to work.
When can I make a claim for work injury damages against my employer?
If you are involved in a work place accident and your doctor has assessed you at 15% whole person impairment or more, then you may be entitled to make a claim for work injury damages.  In a claim for work injury damages you must prove negligence against your employer.
In addition to receiving lump sums equating to the amount prescribed for 15% whole person impairment and a separate sum for pain and suffering, you will also be entitled to make a claim for past and future economic loss and past and future loss of superannuation in one lump sum.
You should speak to NSW Compensation Lawyers in order to determine whether or not it is likely that you will be able to make a claim for work injury damages.
Is it possible to make a claim against a third party such as a head contractor or entrepreneur?
In some cases even though you are an employee, you may be able to claim damages against a third party that is responsible for your injuries. In some instances, head contractors may be liable in negligence for injuries sustained by workers employed by another company. In other cases a claim made be made for damages when an employer such as a labour hire company sends a worker to the premises of a third party where they are injured. These cases are made pursuant to the Civil Liability Act and damages are assessed in accordance with that Act and common law principles. You will need to speak to one of our legal experts at NSW Compensation Lawyers to determine whether you have further rights to make a workers compensation claim for damages in addition to your existing workers compensation rights.
I suffered a workplace injury and my doctor has told me I am totally unfit to work. Do I still get paid?
Yes.  If you are totally unfit for work you will be eligible to receive 26 weeks of payment at your award rate or enterprise agreement rate of pay.  Any overtime or penalty rates that you would have received will not be included in this payment.
I’m back at work after suffering a workplace injury and my pay slip says “make-up pay”. What is “make-up pay”?
You will receive “make-up pay” if you return to work and are earning less than you did before the accident because you can’t work full-time or you have to do other duties which pay less than your previous duties.  “Make-up pay” is the difference between your normal gross wage before the injury and your actual weekly earnings after the injury.  Any payments you receive for “make-up pay” are limited to the award rate for the first 26 weeks and to a statutory capped rate after the first 26 weeks.
If you return to work after suffering a workplace injury and no duties are available you will receive the award rate of pay for the first 26 weeks and 80% of the award rate of pay for the next 26 weeks.

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