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NSW Statutory Workers’ Compensation

NSW Statutory Workers’ Compensation

Our workers’ compensation practice is limited to acting for workers injured in New South Wales, or, on occasions, workers covered under the Comcare system.

Work related injuries can be devastating.  The stages involved in making a claim, in dealing with the insurers, and in trying to return to work can be a minefield.

For most injured workers, the first steps are to make claims under the regimes established by the Workers Compensation Act 1987 (NSW) and the Work Injury Management and Workers Compensation Act 1998 (NSW).  The NSW government publishes a great deal of useful information on the State Insurance Regulatory Authority website

We focus on providing constructive, compassionate advice and representation.

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Weekly Payments and Medical Expenses

When injured at work, the first steps are to seek medical assistance to treat the injury, and to notify your employer of the injury.

You should obtain a WorkCover Certificate of Capacity, which details the injury and any limitations, and ensure that your employer’s workers compensation insurer is notified of the injury.  Your employer should notify the insurer on your behalf.  If they do not,  you can submit your claim to the insurer directly.

You should ensure that your employer has provided all relevant documentation as to your capacity (including certificates to the effect you are unable to work) as well as information relating to expenses, fees and bills associated with your injury.

Assuming the claim is processed without complications,  the insurer is required to start making payments (known as provisional payments) while they process the claim.  They are required to advise the injured worker of this fact.  The provisional payments will cover up to 12 weeks of lost income and an initial amount for medical expenses.

The making of provisional payments does not mean that the insurer has accepted liability.  It is simply a period in which the insurer is required to pay while it makes that determination.

If liability is accepted, the insurer will then continue to make payments to cover:

  • loss of income;
  • medical and associated expenses;
  • rehabilitation services.

Lump Sum Payments

Where a worker suffers a permanent impairment over a defined threshold they are entitled to lump sum payment as compensation. This compensation is in addition to weekly benefits and medical expenses you may be receiving. If you obtain a lump sum amount for permanent impairment, you can continue to receive payment for weekly benefits and medical expenses. Claims for lump sum compensation  are based on an assessment of Whole Person Impairment (WPI). This assessment is conducted pursuant government published guidelines by accredited medical specialists.  In order to be eligible for lump sum compensation the minimum level of WPI must be as follows:
  • For physical injuries, a permanent impairment of  11% or more.
  • For psychological injuries, a permanent impairment of  15% or more.

Our fees

In claims for payments of statutory entitlements for NSW workers, we are paid from a grant issued by Workers Compensation Independent Review Office (WIRO) under the Independent Legal Assistance and Review Service (ILARS) scheme.

The purpose of ILARS funding is to ensure that injured workers are able to:

  • Access legal assistance to explore their rights and entitlements under the workers compensation legislation;
  • Access legal assistance to attempt resolution of their claim as soon as possible; and
  • Have their claim determined in the Workers Compensation Commission or other appropriate forum where a dispute is unable to be resolved by agreement.

The grant of funding will cover the cost of medical reports and clinical notes, as well as providing funding, in appropriate cases, for the lawyer to obtain further reports consistent with the proper conduct and preparation of the claim.

Common Questions

Yes. Any information you provide your lawyer is covered by legal professional privilege.
A claim for compensation should be made within 6 months after the date of injury or accident. Though not a strict deadline, it is advisable that you lodge a claim as soon as possible in order to avoid potential delays to your payments.

To start a claim, you will need to supply information regard:

  • your capacity (including certificates showing you received an injury from or during employment)
  • lost income, medical expenses and other bills associated with your injury

Other information may also be required to support your claim.

Book a Free Case Assessment

We offer a free, confidential case assessment. The purpose of the case assessment is to provide a high level overview of the merits, prospects, and value of the claim. We do not charge for the case assessment, and there is no obligation to proceed with us. Please complete the form below for more information.
Date and Time for Case assessment.
Date and Time for Case assessment.

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