Workers compensation lawyers
Workers compensation claims:
Your rights, our fight
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.
Why Choose Gerard Malouf & Partners
Understanding workers compensation claims
We're here to help.
Workers compensation is a mandatory insurance scheme that protects employees who suffer work-related injuries or illnesses. It is a no-fault system, meaning you don’t need to prove that your employer was at fault for the injury in order to be eligible for compensation. While each state operates its own scheme, all are designed to support injured workers through their recovery and return to work.
While contractors and subcontractors typically have different coverage requirements, most employees are covered, including:
- Full-time employees
- Part-time employees
- Apprentices
- Some casual workers
- Certain volunteers (depending on the scheme).
Each state maintains its own workers compensation authority:
- SafeWork NSW
- WorkSafe Victoria
- WorkCover Queensland
- ReturnToWorkSA
- WorkCover WA
- Worksafe Tasmania
- NTWorkSafe
- WorkSafe ACT.
The process for initiating a workers compensation claim is largely similar across jurisdictions. To begin, you must:
1. Report the injury
- Notify your employer immediately
- Record incident details
- Seek medical attention
2. Undergo medical assessment
- Obtain a work capacity certificate
- Follow recommended treatment
- Keep records of medical documents
3. Lodge your claim
- Submit within the required timeframes (typically 3 to 6 months)
- Include all supporting documentation
- Your employer must forward to their insurer
4. Have your claim assessed
- The insurer will review your claim (typically 21 days)
- May request additional information
- Decision made to accept or reject the claim.
What is a work injury damages claim?
A work injury damages claim, also known as a common law claim, is a legal action taken against an employer when their negligence has resulted in a worker’s injury. Unlike standard workers’ compensation claims, work injury claims allow you to seek additional compensation for pain, suffering, and loss of future earnings. It is usually delivered as a lump sum payment.
These claims are particularly relevant in the building and construction industry, where the risk of serious injury is higher due to the nature of the work.
Eligibility for workers compensation
You may be eligible for workers compensation if you’ve been:
- Physically injured at work
- Developed a mental health condition due to work
- Diagnoses with a work-related disease
- Experienced aggravation of a pre-existing condition
- Injured during work-related travels or breaks
- Hurt while commuting to or from work.
Depending on your injury and circumstances, you may be entitled to:
1. Weekly payments
- Up to 26 weeks of wage replacement
- Payment rates vary by state and injury severity
- Partial incapacity payments if returning on reduced hours
2. Medical benefits
- Treatment and rehabilitation costs
- Travel expenses for medical appointments
- Home care and modifications
- Medical aids and equipment.
If you have a permanent impairment, you may be able to claim a lump sum payment. You typically require the following whole-person impairment rating to be able to claim:
- NSW: 11% whole-person impairment (WPI) threshold
- VIC: 30% WPI
- QLD: Lump sum compensation for permanent impairment is based on the degree of permanent impairment (DPI)
- ACT: No specific threshold, assessed case-by-case
- All other states: 5% WPI threshold.
For more serious injuries, you may be eligible for a work injury damages claim (common law claim) if:
- Your injury resulted from employer workplace negligence
- You meet the state’s permanent impairment threshold (in NSW, this is 15% WPI)
- You’ve received all statutory lump sum benefits first.
Even if you’re uncertain about claiming or what you may be eligible for in compensation, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.
Factors affecting compensation
Many factors affect the amount of compensation you may be awarded, including:
- The severity of your injury
- Extent of permanent impairment
- Impact on work capacity
- Long-term prognosis
- Pre-injury earnings
- Length of employment
- Return to work prospects
- Claim type (statutory benefits through workers compensation or a common law claim).
At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.
How it works
No upfront costs
No contingency fee
We’ll only charge you if we win.
We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.
This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.
With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.
Frequently asked questions about workers compensation
What if my workers compensation claim is rejected?
If your workers compensation claim is rejected, you have the right to challenge the decision through a formal appeals process. This process typically involves submitting additional evidence to support your case and, in some instances, attending tribunal hearings.
We can guide you through every step of this process—helping you gather the necessary documentation, working with medical professionals to strengthen your claim, and representing you at hearings to ensure your case is heard. Our goal is to help you secure the compensation you deserve.
What is the difference between statutory and common law claims in workers compensation?
Statutory and common law claims are both pathways to compensation for workplace injuries, but they differ significantly in terms of eligibility, process, and potential outcomes.
- Statutory claims: These claims are based on the workers compensation system, which operates on a “no-fault” basis. This means that you do not need to prove that your employer was negligent for you to be eligible for benefits. Statutory claims typically cover medical expenses, rehabilitation costs, and a portion of lost wages, with defined benefits and time limits. The focus is on ensuring that workers are compensated for their injuries, regardless of fault.
- Common law claims: In contrast, common law claims require proving that your employer was negligent and that their actions (or failure to act) directly caused your injury. Because these claims are based on negligence, they are often more complex and can take longer to resolve. However, if successful, common law claims can result in significantly higher compensation, including damages for pain and suffering, loss of future earnings, and more extensive economic losses.
GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation and estimating your compensation claim.
Can I choose my own doctor for workers compensation?
Yes, you have the right to choose your treating doctor for your workers compensation claim. Your treating doctor will play a key role in managing your recovery and providing medical reports to support your claim.
However, it’s important to note that the insurer may request independent medical examinations during the process. These independent assessments are conducted by a doctor chosen by the insurer to assess the extent of your injury and verify your treatment progress.
Can I claim workers compensation if I have a pre-existing condition?
Yes, you can still claim workers compensation if you have a pre-existing condition, but to be eligible, you must prove that your work-related injury or circumstances have aggravated or worsened your pre-existing condition.
It’s important to provide medical evidence showing the link between your work and the aggravation of your condition. In some cases, you may need to undergo an independent medical assessment to determine the extent of the aggravation.
Justice for victims injured at work
At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for injuries sustained at work and processed through workers compensation.
$550,000 compensation for injured labourer despite a pre-existing condition
Background
A labourer suffered a workplace injury after falling from a ladder, aggravating a pre-existing knee condition. Despite having an inconsistent work history and previous knee issues, we sought for our client to receive fair compensation for his workplace injury.
The challenge
- Pre-existing knee condition
- Questions about contributory negligence
- Inconsistent prior work history
- Complex simultaneous statutory and common law claims.
GMP Law’s approach
- Secured comprehensive statutory entitlements (workers compensation) including:
- Medical and travel expenses
- Weekly compensation during incapacity
- $7,000 retraining program funding
- $30,000+ impairment lump sum payment
- Pursued common law claim after establishing 15% WPI
- Argued for safer work systems despite the client’s potential contribution to the accident
- Continued negotiations after initial mediation
- Secured substantial common law settlement.
Outcome
We secured a total compensation of $550,000. Including statutory benefits and a $250,000 common law (work injury damages) settlement. This provided our client with financial security and career transition opportunities.
$600,000 settlement for warehouse worker’s complex injury
Background
A young father working as a process worker/store person in a warehouse suffered a serious lumbar spine injury from repetitive heavy lifting, leading to both physical and psychological impacts.
The challenge
No specific incident caused the injury
Complex physical and psychiatric injuries
Impact of the injury on his new family responsibilities in his personal life
Ongoing total incapacity after surgery.
GMP Law’s approach
- Successfully challenged the insurer’s attempt to cease weekly payments
- Secured lump sum payment for permanent impairment
- Established unsafe work systems through:
- Demonstrated inadequate rotation systems
- Highlighting insufficient staffing
- Identifying inadequate break scheduling
- Pursued both statutory and common law claims
- Advocated for full compensation considering family impacts.
Outcome
Successfully secured nearly $600,000 in total compensation from both statutory entitlements and a common law (work injury damages) claim. This provided crucial financial support for our client and his young family.
Real cases, real results
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
Court representation
Ongoing support
Our promise to you
Why trust GMP Law with your workers compensation claim?
At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.
We commit to
Clear, straightforward communication
Regular updates on your case as it progresses
A personal injury lawyer who understands your unique situation
Vigorous negotiation to maximise your compensation
Empathetic support throughout your journey
Specialised knowledge
Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.
Proven track record
Difficult case policy
Australia-wide assistance
With lawyers across the country, we’re here to help, wherever you are.
Meet the work injury claims team
Meet some of the diverse and dynamic compensation lawyers who support our clients with their injury claims.
We're here to help maximise your compensation
Book your free, confidential consultation with one of our personal injury lawyers using the form below, or simply call us 1800 004 878.
