WORKERS COMPENSATION LAWYERS FOR PHYSICAL INJURIES
Sustaining a physical injury in the workplace in NSW can be an extremely stressful experience. Not only has your ability to earn an income been compromised, but you’ll inevitably be concerned about your injuries, your rehabilitation and ultimately your future. Advantage Legal are expert workers compensation lawyers who can maximise the compensation you’re entitled to under the NSW workers compensation scheme. Our team will manage your claim from start to finish, including applying for funding so your legal fees and disbursements are covered and you’re not out of pocket. Our lawyers will answer all of your questions, be available when you need us and provide the expert representation that you deserve. Your claim is worth more with Advantage Legal.
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Physical Injuries Don’t Always Happen Following an Accident
NSW workers compensation insurance covers workers when they sustain an injury at work which requires treatment or prevents them from undertaking their employed duties. Physical injuries sustained in the course of work are a regular occurrence in NSW, but they do not always result from an accident. Quite often physical injuries can occur as a result of repetitive strain over the course of weeks, months or years. Both physical injuries and repetitive strain injuries which have occurred as a result of the nature and conditions of employment are covered by the NSW workers compensation scheme. If you’d like to know more about your NSW workers compensation rights and entitlements, book a free initial consultation with our senior team.
Physical Injuries Frequently Asked Questions
Sustaining a physical injury in the workplace can be a stressful experience. To help you understand more about your NSW workers compensation rights and entitlements, we’ve put together some of the most frequently asked questions that we receive from injured workers. The answers to these frequently asked questions provide general information about the NSW workers compensation scheme which do not take into consideration your personal circumstances and as such, should not be relied upon as legal advice. It should also be noted that this information may vary depending on your type of employment or the date that your injury occurred.
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.
Workers injured in NSW have six months to lodge a workers compensation claim for a physical workplace injury.
If more than six months have passed since your injury occurred or since you became aware of your injury, you should seek urgent legal advice. A number of exceptions apply to the six month claim lodgement rule, so it may still be possible to pursue a claim.
Employers have an obligation to inform their workers compensation insurer that a workplace injury has occurred within 48 hours of being notified. In order to ensure that your workers compensation benefits are paid promptly, an injured worker should report the injury to their employer as soon as possible after it has occurred. If an employer is unaware of the workplace injury, it is unlikely that the workers compensation insurer will accept liability or commence payments until an investigation has occurred.
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.
A work injury damages claim is a lump sum compensation claim against a negligent employer for past and future income loss.
To be eligible to pursue a claim for physical injuries, an injured worker must:
- 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.
When someone sustains a physical workplace injury, they can lose their ability to generate an income. In the context of a work injury damage claim, the phrase no-win, no-fee means that a law firm will pursue the claim on behalf of an injured worker and not seek payment of their professional fees until the successful conclusion of the claim. No-win, no-fee legal representation is therefore a way for an injured worker to obtain legal representation in circumstances where they have no ability to pay legal fees throughout the life of a claim, with limited risk. It is critical to note however that not all no-win, no-fee agreements are the same, so injured workers must read the fine print.
At Advantage Legal, our no-win, no-fee promise gives injured workers more protection than what is standard across the industry. We promise that we’ll pursue your work injury damage claim and only request payment of our professional fees and disbursements when we win your case. Unlike other law firms, we’re prepared to include disbursements in our no-win, no-fee promise because we have no doubt that our team of expert workers compensation lawyers will win your case and maximise your compensation. Your work injury damages claim is worth more at Advantage Legal.
For too long, we have seen injured people treated poorly in NSW by large law firms and insurance companies. At Advantage Legal, we believe that compensation is personal and requires a tailored approach. Our clients trust us to know them personally, be available when they need us and to get the best possible rehabilitation and compensation outcomes for them. We take this trust seriously.
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