Workers Compensation Lawyers (NSW)
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If you have sustained a work-related injury or illness in NSW, you are entitled to compensation. Under the NSW workers compensation scheme, there are different types of compensation you can claim at different stages. Our workers compensation lawyers in Sydney will guide you and explain what your entitlements are, as well as how and when you can claim those entitlements.
When it comes to workers compensation claims, the right lawyer makes all the difference. You need a lawyer that knows what to claim, how to claim it and— most importantly— when to claim it.
Who can make a Workers Compensation Claim?
Any person who is injured at work, as a result of work, or while performing work duties is entitled to make a workers compensation claim and claim the benefits available. The definition of injury also includes an injury or illness that develops over time as a result of performing the same task over some time or being exposed to a harmful environment.
You are entitled to make a workers compensation claim even if:
- The injury was not caused by the negligence of the employer,
- The injury happened on your first day at work,
- Your employer was not insured at the time of the accident,
- You are an apprentice or a trainee,
- You are a person that can be deemed a worker, such as a subcontractor.
If you believe you have sustained an injury at work or as a result of performing your duties at work, contact our expert workers compensation lawyers and get the right advice and representation.
What can my workers comp lawyers claim if I am injured at work?
If you have been injured at work or as a result of carrying out your work duties, you are entitled to claim any or all of the following:
- Weekly (Wage) Payments
- Medical, Hospital, and Rehabilitation Expenses
- Domestic Assistance
- Lump Sum Compensation for Permanent Impairment
The above entitlements are called Statutory Benefits, which means that they are payable regardless of fault on behalf of your employer.
If you have been injured at work, as a result of work, or while performing your usual work activities, you must have the right workers compensation lawyer by your side. Having the right lawyer can make all the difference, having the right lawyer can often mean the difference between a trivial compensation payout and a large compensation payout.
Contact us today and book your free, no-obligation consultation with one of our expert workers compensation lawyers. It doesn’t cost you anything to see us, and you may benefit from our advice and thoroughness.
Weekly (Wage) Payments
If you have been injured at work, you are eligible to receive weekly payments if you are unable to return to work or can only return on reduced hours.
If your claim has been accepted by the insurer, usually iCare, the amount of weekly payment you will receive will is based on:
- Your pre-injury average weekly earnings
- Whether you have current work capacity or no current work capacity
- How long you have received weekly payments
- Whether you have been able to return to work
- Your ability to earn suitable employment
If your claim has been disputed by the insurer, contact Trump Lawyers and speak to a workers compensation lawyer for advice about your rights.
Medical, Hospital and Rehabilitation Expenses
Following an injury at work or as a result of work, the workers compensation insurer must fund all of the reasonable and necessary treatment you will require. This may include:
- Treatment by medical practitioners, physiotherapists, chiropractors, osteopaths, psychologists, counsellors, exercise physiologists, and other allied health practitioners.
- Cost of medication
- Modifications to your home or vehicle
- Domestic Assistance
- The cost of artificial aids such as crutches
The insurer will only pay for your medical expenses or treatment expenses which are reasonable and necessary, which means you must seek the insurer’s approval for the treatment before you receive it.
Occasionally, reasonable and necessary treatment is denied by the insurer. If you have been injured at work and the insurer has denied necessary treatment speak to one of our Workers Compensation Lawyers in Sydney for advice about how you can dispute the insurer’s decision.
Domestic Assistance
Domestic assistance can include tasks such as household cleaning and laundry, lawn and garden care, and transport not covered as a medical or rehabilitation expense.
If you have been injured at work and require domestic assistance, you can seek a claim from the insurer to provide you with domestic assistance if:
- Our doctor says you will benefit from it
- You now need help to complete tasks you did yourself before the injury
- Your injury has resulted in a permanent impairment of at least 15% or the assistance is temporary
If you don’t agree with the insurer’s decision not to provide you with Domestic Assistance, contact one of our workers compensation lawyers for help.
If you have been injured at work or as a result of work, you may be eligible to receive lump sum compensation. Lump sum compensation is paid in addition to weekly payments and medical expenses that you have already received.
To be eligible to receive lump sum compensation, you must have 11% or more permanent impairment for physical injuries or 15% or more for a psychological injury. The lump sum compensation you receive depends on the percentage you get for your injuries. The higher the percentage, the higher the lump sum amount.
It is important to keep in mind that only one claim for lump sum compensation for permanent impairment can be made. That means if you claim lump sum compensation, you are unable to make a further claim if your injuries get worse.
Claiming lump sum compensation for permanent impairment is a defining stage in every claim. Your level of impairment will dictate whether you are entitled to pursue a work injury damages claim and whether you can continue to receive weekly payment funding for medical expenses.
Having the right lawyer by your side can make all the difference when making a permanent impairment claim – A good lawyer should know what injuries to claim, how to make the claim and more importantly when to make the claim. Our expert workers compensation lawyers in Sydney are the best at making permanent impairment claims.
Work Injury Damages Claim – Common Law Claim
If you have been assessed with a permanent impairment of 15% and above, then you will be able to claim lump sum compensation for your permanent impairment as well as pursue a common law claim, which is also referred to as a Work Injury Damages claim.
You cannot make a common law claim without first having made a lump sum claim and achieved 15% or above. Lump sum compensation for permanent impairment claims is therefore extremely important and must be prepared and claimed with caution. The difference between 14% and 15% permanent impairment is hundreds of thousands of dollars.
While the statutory benefits such as weekly payments, medical expenses, and lump sum compensation are paid regardless of fault – meaning there is no requirement to prove negligence on behalf of the employer— if you pursue a common law claim, you must first prove that your employer was negligent. For a common law claim to be successful, it must be proven that as a result of your employer’s negligence, you have suffered injury and damage.
The Best Workers Comp Lawyers Sydney Has to Offer
At Trump Lawyers, we are experts in Workers Compensation claims and we often assist our clients with their lump sum compensation claims to ultimately pursue a common law claim. With Trump Lawyers, a workers’ compensation claim is run with precision and a great amount of attention to detail to obtain the maximum settlement amount to compensate you for the injuries you have sustained at work.
