WORKERS COMPENSATION LAWYERS FOR PHYSICAL INJURIES

The NSW workers compensation scheme provides benefits to injured workers regardless of who was responsible for the accident. The benefits available include:

• Partial income replacement
• Treatment expenses
• Home and personal care
• A lump sum payment for permanent impairment

Workers who have sustained physical injuries with a whole person impairment of 15% or greater and who can prove their employer was negligent may be eligible to pursue a work injury damages claim for a lump sum payment of their past and future income loss.

If you would like to know more about your rights and entitlements, contact our expert team for a free initial consultation and confidential advice.

To successfully lodge a NSW workers compensation claim for a physical injury you’ll need:

• Workers Injury Claim Form
• Certificate of Capacity

The Workers Injury Claim Form explains to both the employer and the workers compensation insurer exactly how the accident occurred, the injuries sustained, your workplace duties, your pre-injury earnings, your treatment needs and capacity for work. Due to the complexity of this form and possibility for errors to occur, it is recommended that you obtain legal advice prior to providing it to your employer or their workers compensation insurer.

The Workers Injury Claim Form is supplemented by the Certificate of Capacity which is completed by your treating General Practitioner. The Certificate of Capacity is a medical certificate which outlines the injuries sustained, capacity for work and treatment required following a brief medical consultation.

Both the Workers Injury Claim Form and Certificate of Capacity can be downloaded at www.sira.nsw.gov.au.

The NSW workers compensation scheme provides for two kinds of lump sum compensation payouts for physical injuries:

• A lump sum for permanent impairment
• A lump sum past and future lost income

To be eligible to claim lump sum compensation for permanent impairment for a physical injury an injured worker must have sustained an injury which is greater than 10% whole person impairment (WPI). A doctor trained in NSW workers compensation medico-legal assessments will assess your injuries and provide you with a whole person impairment percentage. The injury percentage equates to a specific lump sum compensation amount outlined in the NSW Workers Compensation Benefits Guide.

A lump sum claim for past and future income loss is known as a work injury damages claim or modified common law claim. To be eligible to pursue a claim for work injury damages an injured worker is required to have sustained a physical injury which is at least 15% whole person impairment and must be able to prove that their employer was negligent in the circumstances that caused the injury.

If you believe that you are eligible to pursue a lump sum for permanent impairment or work injury damages claim, we recommend that you seek legal advice from the senior lawyers at Advantage Legal. We’ll provide you with expert advice on your entitlements and will manage your claim every step of the way to allow you to focus on recovering from your injuries.

There are a number of exceptions to the above depending on when your injury occurred and the industry that you work in. Different requirements also apply for other types of injuries such as hearing loss and psychological injuries. For more information, contact our senior team for a free consultation.

• Have sustained an injury with a whole person impairment of 15% or more; and
• Be able to establish that their injury occurred as a result of their employer’s negligence.

It is not compulsory for injured workers to instruct a lawyer to pursue a NSW worker compensation claim. Workers compensation lawyers like those at Advantage Legal are experts in NSW workers compensation claims, so if you’re injured, stressed and unclear about what your future holds, it makes sense to engage an expert who can provide the clarity and representation that you need to allow you to focus on your recovery and return to work. Our team will go above and beyond to ensure that you receive every dollar you are entitled to. So whilst it is not compulsory to instruct a lawyer, you may be forgoing significant compensation entitlements unknowingly if you don’t.

For a free initial consultation and claim assessment, contact our senior team.

In many circumstances, an injured worker will not be charged any legal fees or disbursements for their physical injury workers compensation claim. Once a lawyer is engaged, they will apply for a grant of funding from the Independent Review Office (IRO) and once obtained will provide advice, representation or both in accordance with that grant of funding.

Separate to the above, for workers who are eligible to pursue a work injury damages claim, it is common for workers compensation lawyers to offer their services on a ‘no-win, no-fee basis’. Lawyers will then charge on an hourly rate, stage fee or fixed fee basis. IRO grants of funding do not apply to work injury damages claims. For more information on ‘no-win, no-fee’ please see our FAQ What does No-Win, No-Fee mean?

Not all injured workers are eligible for IRO funding grants due to legislative exemptions. If you would like to know whether your claim is eligible for an IRO grant, contact our senior team for a free initial consultation.