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Workers Compensation (NSW)

Have you been injured at work
or on your way to or from work,
you are eligible to make a claim for
workers compensation.

If you have suffered a work related injury,
you may be entitled to claim workers
compensation from your employer or
WorkCover if your employer is uninsured.

Weekly Payments

You may be entitled to weekly payments when a work-related injury has resulted in loss of earnings.

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Weekly Payments


You may be entitled to weekly payments when a work-related injury has resulted in loss of earnings as you have a reduced capacity for work.  These payments may either be weekly wage payments or top up payments when you only have capacity to return to work part-time.


The amount of weekly payments will depend on:


  • Your pre-injury weekly earnings
  • Your capacity to work, either total or partial
  • The length of time that has passed since you sustained your injury.


Weekly benefits are divided into three periods:


  1. The first period is of 13 weeks;
  2. The second period is from week 14 to week 130;
  3. The third period is from week 131 to 260 weeks (5 years).


After 5 years or 260 weeks of receiving weekly benefits, your weekly payments will cease unless you are assessed with 20% WPI or more. If you are assessed with more than 20% permanent impairment, you are considered a ‘seriously injured worker’, the weekly benefits periods do not apply and you are entitled to receive weekly benefits until the Commonwealth age of retirement (age 67) subject to ongoing capacity assessments.


If you are partially disabled, you must cooperate with the employer and insurer and make reasonable efforts to return to work in suitable employment or pre-injury employment at your place of employment or at another place.


As a Claimant, your employer’s Insurer will be entitled to refer to a work capacity assessment in order to determine the rate of your weekly compensation payments. This will be subject to an initial internal review by the Insurer, a merit review by WorkCover and finally a procedural review by an Independent Review Officer nominated by WorkCover.


If you have been injured at work, our team at Trump Lawyers can help you get the workers compensations benefits and damages you deserve. Our team will carefully evaluate your case and help you reach the fairest settlement with your employer’s insurer. Contact us today to schedule a free consultation.

Medical & Rehab Expenses

We will claim for the cost of medical, hospital treatment and rehabilitation services during a compensation claim.

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Medical, Hospital and Rehabilitation Expenses


Medical, hospital and rehabilitation expenses will be paid where the treatment or service:


  • Meets the definition described in Section 59 of the Workers Compensation Act 1987 (NSW).
  • Takes place while the worker is entitled to receive compensation for the medical, hospital and rehabilitation expenses
  • Is pre-approved by the Insurer (unless the treatment or service is exempt from pre-approval)


You may only claim for the cost of medical and related treatment, hospital treatment and rehabilitation services during a specific compensation entitlement period. The compensation period that applies to you depends on whether or not your injury has resulted in an assessed degree of permanent impairment.


Workers with no permanent impairment or a permanent impairment assessed as 10% or less can claim expenses for treatment or services provided:


  • For 2 years after weekly payments stop being payable, or
  • For 2 years from the date of claim if no weekly payments made.


Workers with a degree of permanent impairment assessed as more than 10% but not more than 20% can claim expenses for treatment or services provided:


  • For 5 years after weekly payments stop being payable, or
  • For 5 years from the date of claim if no weekly payments


Workers with “high needs” can claim medical and related expenses for life. A worker with high needs is a worker:


  • With a permanent impairment assessed as more than 20%
  • An assessment of the degree of permanent impairment is pending and has not been made because an approved medical specialist has declined to make the assessment, or
  • The Insurer is satisfied that the degree of permanent impairment is likely to be more than 20%.

Permanent Disability

You are entitled to receive lump sum compensation for your permanent impairment due to a work injury.

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We advise that in respect of your entitlement to compensation for permanent impairment, a medical practitioner specialising in the field of your injuries would have to assess you with more than 10% WPI in order for you to be entitled to receive lump sum compensation for your permanent impairment. There is no permanent impairment compensation payable for a degree of permanent impairment of 10% or less.

Trump Lawyers will get you the compensation you deserve.



Types of Injuries

Injuries that you are able to claim compensation for


Some injuries and disabilities you can seek compensation for include and are not limited to:


  • Spinal Injuries
  • Head Injuries
  • Brain Injuries
  • Back Injuries
  • Repetitive Strain Injuries
  • Construction Injuries
  • Any facial or eye injury
  • Any body type injury (elbows, wrists, arm, finger, leg, foot, toe)
  • Broken bones
  • Burns
  • Amputations
  • Chemical exposure
  • Psychological injuries (PTSD, depression, anxiety or stress)
  • Injuries suffered while travelling either to or from work

Time Limits

Strict limits apply to lodging a workers’ compensation claim. Firstly, if you need to make a claim because you’ve been injured at work, then you need to make it as soon as possible so you can get the funds that you need while you recover and are unable to work. You must also notify your employer as soon as possible after your injury happens.


If you are unable to work and need time off, you must visit your doctor and ask for a certificate of capacity. You must then give the certificate, along with a worker’s declaration and your medical bills to your employer.


Workers Compensation claims in NSW must be made within 6 months of the accident. However, it is possible to make a claim for up to 3 years after your injury if you can show that it was because of a reasonable cause.

The Workers Compensation Independent Review Office (‘WIRO’)

We must obtain approval for funding from WIRO and once approved, our team at Trump Lawyers will arrange for you to be medically assessed by an approved medical specialist. If we meet the required level of WPI, you will be entitled to proceed with a claim for lump sum compensation for permanent impairment once we receiver further confirmation of funding approval from WIRO.


Once we have made a lump sum for permanent impairment on your behalf, yur employer’s insurer may either accept the claim, it may arrange for you to be assessed by another medical specialist and it will then respond to your claim, or sometimes may do nothing.


If there is no response by the insurer within 12 weeks after any lump sum claim is made, we will seek approval from WIRO to file an application with the Workers Compensation Commission (‘WCC’) on your behalf.

What is the Workers Compensation Commission (‘WCC’)?

If the insurer does not respond or continues to deny liability we will seek your instructions to proceed with an application to resolve the dispute in the WCC. Completely separate to SIRA, the WCC resolves disputes between workers and their employers.


If we do commence proceedings, the WCC will then refer you for medical assessment by another approved medical specialist. The findings of that approved medical specialist about the extent of your permanent impairment will usually be final unless there has been a mistake in the way in which the assessment has been made.

Legal Costs

Due to recent amendments to workers compensation legislation, we are no longer entitled to claim costs for either disbursements or our professional fees from the Insurer, in accordance with Schedule 2 of the Workers Compensation Regulation 2016 (NSW).


In other words, we must first obtain a grant for the provision of legal services to you from WIRO. Whilst we will seek approval from WIRO for the payment of your costs and disbursements, WIRO may not approve payment for all your disbursements (medical reports). If this is the case, we will notify you and ask you whether or not you wish to pay.


If you lose your case, you will not be liable for legal costs.


For more information on workers compensation claims, feel free to call Trump Lawyers at (02) 9724 2549 or you can ask us questions through this contact form.

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