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Workers Compensation

Any worker who sustains an injury whilst performing their work duties may be entitled to make a claim for workers’ compensation. You do not necessarily have to sustain the injury on the employer’s premises and can even make a claim arising from your usual journey to and from work. Permanent and casual workers alike can lodge a workers’ compensation claim.

To claim compensation for a work injury, you do not have to prove negligence as the workers compensation legislation is a 'no-fault' scheme. All you have to establish is that you sustained an injury in the course of your employment and such employment was a substantial contributing factor to your injury. However, it is important to see a lawyer or solicitor to ascertain all your rights and entitlements to damages and compensation.

Often it is argued by insurers that the worker failed to notify their employer of the injury at the time and therefore it is important that you inform your employer in writing as soon as practicable after your injury.

The main heads of damages available to an injured worker are:

1. Weekly compensation at your award rate of pay for the first 26 weeks of total incapacity and thereafter an amount set out under the Act depending on your circumstances as they exist following that 26 week period. This is an ongoing entitlement.
2. Payment of all reasonable and necessary medical expenses must be met by the insurance company, including traveling expenses to and from such treatment.
3. Lump sum compensation for any impairment to your person arising from those injuries, which needs to be determined by a suitably qualified doctor.
4. Additional lump sum compensation for pain and suffering.
5. Compensation for damage to personal property.
6. Compensation for the death of a worker.

The lodgment of any claim should be carried out quickly as there are time limits that apply. There are obligations placed on employers to place notices up in the workplace advising employees of workers compensation procedures. It is vital that you report the injury promptly and lodge any claim for compensation as quickly as possible.

At Parramatta City Legal, we do not charge you any professional costs for handling your workers compensation claim. We limit the recovery of our fees to the costs that we obtain on your behalf from the workers compensation insurer. Our fees will not be deducted from any of your settlement or Award monies.

Once your claim for lump sum compensation has finalised, we can explore with you the prospect of claiming further damages from the employer if it can be established that their negligent actions or omissions caused your injury. There are certain tests and thresholds that need to met before claiming such common law damages. It is necessary to discuss this aspect of your claim in detail with your solicitor.

We are mindful of the fact that a workplace dispute can be very stressful for any worker. If you have suffered an injury at work, we can provide you with the expertise, understanding and support to get you through the difficult times. We are specialist compensation lawyers who can assist you greatly with your compensation claim no matter how large or small your case may be. In every case, we strive to achieve an early compensation settlement and failing that, prosecute your claim vigorously if the workers compensation insurer is unreasonable.