Workers' Compensation Lawyers
If you have been injured at work,
Overview
Workers' compensation claims
If you have been injured at work in NSW, you may be eligible to claim for weekly payments, medical expenses and lump sum payouts.
The workers’ compensation scheme in NSW operates on a no-fault basis, allowing you to make a claim irrespective of who was responsible for your accident.
Our team of personal injury and workers’ compensation lawyers are experts with 35 years of experience in winning claims. We can provide you with the advice you need to gain the maximum compensation for your claim on a no-win, no-fee basis.
Contact us for no-obligation legal advice about your claim.
Work injury damages claims
Also known as common law claim, work injury damages is a lump sum payout to compensate you if your injury was caused by your employer’s negligence.
- The injury at work must be due to employer negligence.
- You must have a minimum of 15% permanent impairment, verified by a qualified assessor.
- You must have received all statutory lump sum benefits for permanent impairment that you are owed before settling a work injury damages claim.
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Do I qualify for worker's compensation?
In Australia, workplace injuries are covered by worker’s compensation insurance which all employers are required to carry under a licensed insurance provider. The exact payout of a workers’ compensation package is typically worked out with an insurance company, although the exact rules vary by state.
Workers’ compensation can cover a variety of work-related physical and psychological injuries or illnesses. In general, if your injury or illness was incurred at work you may have a potential case. Consulting an experienced legal team can help you to determine if your injury is sufficient for a claim.
An injured worker can be described as:
- Physically injured while on the job.
- Mentally harmed through their work.
- Suffering from a disease contracted or that recurred while working.
- Deteriorating under work that exacerbates an existing disease or condition.
Typically, the injury or harm should be such that you require medical treatment and time off work.
Not all workers are covered by worker’s compensation insurance. If you work as a full-time, part-time or apprentice and you’re injured or disabled while at work, you are covered by the compensation schemes. In some cases, casual workers and volunteers are also included but most schemes don’t cover contractors or subcontractors. The incident doesn’t have to be on-site for your workplace injury to be eligible for compensation. Your employer’s insurance premiums cover you as an employee while travelling for work-related business, on lunchtime or break and commuting to and from work.
There are eight main compensation schemes including:
- NTWorkSafe
- ReturnToWorkSA
- SafeWork NSW
- WorkSafe ACT
- WorkCover Queensland
- Worksafe Tasmania
- WorkCover WA
- Worksafe Victoria
Get our free workers’ compensation guide to learn about how to maximise your compensation claim. If you have been injured while at work, a good place to start your claim process is by contacting a workers’ compensation lawyer in your state or territory. If you have further questions about your eligibility to file a claim for workers’ compensation, contact us.
Our Process
Workers’ compensation claim process
A claim brought by an injured employee is considered ‘no fault’ which differs from a common law claim where a person must prove the negligence of the other party. With these types of claims, an employee only needs to prove that their injury or illness is work-related.
Typically, a workers’ compensation claim should be brought within three months of the injury, however, this is not a strict deadline. The process duration varies depending on the type of claim. If your claim is rejected or you dispute a settlement, these actions can lengthen the process.
In most cases, workplace and work-related injuries are covered by employers’ insurance schemes.
When the payment is not adequate, it’s important that you follow this process for filing a claim.
- You notified your employer of your injury or illness as soon as possible.
- You were examined by a medical professional capable of diagnosing your injury or illness and recommending treatment.
- If needed, the medical professional issued a work capacity certificate for you to request the time needed off work to recover.
- File a work claim form with your employer’s insurance scheme.
What payout can I expect from a workers’ compensation claim?
Every workers’ compensation claim is different and that means, it can be difficult to predict the final amount of a successful claim. However, most workers’ compensation schemes have outlined what costs they will cover and for how long.
Typically, workers’ compensation payments will cover:
- Wages while in recovery.
- Costs of medical treatment and rehabilitation.
- Travel costs.
- Homecare and attendant services.
- Aids, appliances and modifications.
- Death entitlements.
Under the Workers Compensation Act, employees are entitled to weekly payments based on their established earnings for up to 26 weeks after the date of the injury. However, entitlement varies depending on the type of disability or illness endured.
For permanently impaired people, they may be entitled to a lump sum for compensable pain and suffering. Included in pain and suffering is the lost quality of life resulting from work-related illness or injury. If a lump sum is taken, the weekly entitlements cease.
For an injured employee who returns to work at a pay rate less than your previous wages, a partial incapacity payment is issued to make up the difference for 26 weeks.
If your injuries or illness can qualify for full-body or whole body impairment, you may be eligible for a lump-sum payment. Eligible persons must be examined by a medical professional qualified to assess the affected system and the results are subject to approval by the presiding body in each state or territory. What constitutes a whole body impairment varies in each state and territory. Generally, they follow Section 1 of the Workers Compensation Act to calculate the lump sum payout.
OUR CASE SUMMARIES
Maximum Compensation, Proven
Our guarantee
No Win, No Fee Work Injury Lawyers
Not all ‘No Win No Fee’ legal firms are the same. Here at GMP Law, we cover 100% of all upfront costs.
Our no win, no fee guarantee
We take on 100% of all upfront costs for you. If you don’t win, we won’t charge you anything for our work — that is the basis of our law firm.
This approach also signifies that if — in the rare instance — we do not win your case, you will not be required to pay a contingency fee for our work together.
This means that you can focus more on healing, without the additional worry of legal costs by seeking the compensation you rightfully deserve.
Upon winning your case, we do not charge a percentage of the settlement — as may be commonly expected. Rather, we charge based on our time.
We are dedicated to serving Australia with the utmost commitment to our clients’ success and satisfaction, as evidenced by our 98% success rate and $4 billion in settlements delivered.
Client testimonial
You guys did an amazing job for me, I really appreciate all the hard work you put in for me during my case. I only have the highest regard for you and your team! ”
Frequently Asked Questions
More information about Workers' Compensation
Commonly asked questions about workers’ compensation claims, settlement and compensation.
What am I entitled to if I can’t work due to injuries suffered in an accident?
If you have suffered an injury at work, or while making your commute to or from work, you’re entitled to workers compensation.
How can I sue my employer for negligence?
In order to sue your employer for negligence, it needs to be shown that the injury was caused as a result of the employer’s negligence.
Aside from establishing negligence, you need to satisfy a threshold of 15% Whole Person Impairment in order to commence proceedings against the employer.
If the impairment is below 15% Whole Person Impairment, you would not be permitted to commence a Common Law negligence claim.
Can I make a lump sum claim?
Lump Sum Claims are still available for injured workers in certain circumstances and that is, if it is determined that you have an impairment of at least 15% Whole Person Impairment (WPI).
Therefore if you are determined as having an impairment of at least 15% WPI, you would be entitled to a lump sum payment.
What is a no-win, no-fee lawyer?
A no-win, no-fee lawyer can help you pursue your case without the financial risk that would usually be associated with a lawsuit.
Opting for a no-win, no-fee legal team means you will only be charged for their services if you succeed in your claim. This takes away a considerable amount of pressure, allowing you to proceed with a case without worrying about how to cover the costs if you lose.
What is the difference between a workers’ compensation claim and work injury damages claim?
A workers’ compensation claim is a type of ‘no fault’ claims scheme, but a work injury damages claim (also known as a negligence claim) must show that the employee’s suffering is a result of their employer’s negligence. The process for filing these claims differs as do the entitlements.
What if your workers’ compensation claim has been denied?
If your workers’ compensation claim is rejected, you can lodge an appeal or dispute for compensation and medical benefits.
What’s the difference between a workers’ compensation claim and a personal injury claim?
The main differences between a workers’ compensation claim and a personal injury claim are:
- Personal injury claims must prove that the incident occurred and liability is involved.
- Workers’ compensation claims do not have to prove negligence.
- Personal injury cases allow for damages while workers’ compensation entitlements follow strict criteria.
Free Resources
Download our free guide to receiving maximum justice from your case
Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.
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Meet the Workers' Compensation team
Meet some of the diverse and dynamic compensation lawyers that support our clients with their Workers’ Compensation claims.
OUR PROMISE TO YOU
Our difficult case policy
At Gerard Malouf & Partners, it’s our professional obligation to strive for maximum justice and achievable compensation.
Our difficult case policy ensures that our senior lawyers and experienced management team oversee notably challenging cases. This makes sure that we achieve the best results for our clients seeking accident injury compensation.
We maintain integrity by not accepting a case if we believe it is unlikely to result in compensation, or if the costs to our client outweigh the benefits.
This is our core philosophy and what differentiates us from other law firms.
We're here to help maximise your compensation
