Workers Compensation Claims NSW
If you’ve been injured at work you could be entitled to make a workers compensation claim. However, lodging a claim isn’t a straight forward process and strict time limits do apply, which is why it is recommended that you seek legal advice before alerting your employer, or their insurance company, about your intentions to lodge a claim.
If you alert your employer, or their insurance company, about your intentions to lodge a claim, they could send you to multiple doctors to ensure they get the outcome that benefits them the most; this is known as ‘Doctor Shopping’ and is quite common when it comes to claims.
Without a lawyer on your side, your employer, or the insurance company, might also try and place pressure on you to accept a lowball amount.
Our experience has assisted many clients right across NSW in Sydney, Central Coast and Newcastle.
What can you be compensated for with a workers compensation claim?
- Medical Treatment Expenses
- Income Loss
- Permanent Impairment
- Pain & Suffering
- The provision of independent legal advice if you have received an offer of settlement from a workers compensation insurer
Workers Compensation Claims: 3 Important Things to Know
- There is a strict time limit – contact our Compensation & Insurance Claims Team immediately
- Compensation is payable no matter who’s fault it is (so long as it is work-related)
- Statutory superannuation is not payable on workers compensation payments
How to Make Your Workers Compensation Claim
For a Minor Injury
Get a claim form off your employer and make the claim direct. However if your injury is more serious and you require extended medical and rehabilitation assistance you’ll want legal assistance.
For a More Serious Injury
Where ongoing medical and rehabilitation is involved and perhaps a permanent disability has resulted, you will need legal assistance.
You are eligible for fair and reasonable compensation. The process is as follows:
- Assessment by Work Cover Accredited doctor
- Claim Form prepared on the basis of the assessment by us
- Signed by you and lodged on your behalf
- Assessment by insurance company doctor
- If the assessments are in agreement your claim is relatively quick
- If the assessments differ, the process becomes slightly more complicated
- If the insurance company’s doctor assesses you as less impaired you can either agree and accept a reduced claim OR you can be assessed by a doctor appointed by the Worker’s Compensation Commission. Generally this assessment is final.
Doctor Shopping
Call us immediately if your insurance company has requested multiple doctor assessments.
The practice is called ‘Doctor Shopping’ and it’s because the company didn’t receive the advice they wanted from the first doctor! Call us and we’ll assess and advise on what you need to do. You do not necessarily have to attend further assessments – but this is case by case so let us assess and advise accordingly.
Additional Damages
If someone else’s negligence caused your injury you may be able to claim greater compensation on top of your Worker’s Compensation – but strict time limits apply so contact us immediately.
Legal Costs
Are generally covered in full by the insurer on a Worker’s Compensation Claim. The costs of a successful negligence claim will be partly covered by the insurer.