Workers Compensation Claims
Workers Compensation Claims Explained
All you need to know about Workers Compensation Claims Claims.
What is the Workers Compensation Claims process?
Outlines the process involved in Workers Compensation Claims.
Workers Compensation Claims F.A.Q.
Frequently Asked Questions about Workers Compensation Claims.
A worker can claim compensation for injury “at work” or in some circumstances when travelling to or from work on a “no fault” basis.
- payment of hospital and medical expenses
- weekly payments of compensation
- payment for home care
- lump sum compensation for permanent impairment
The compensation claims process can be very complicated. There are many hidden early traps which could jeopardise a claim in the long term. It is therefore vital that you seek legal advice as soon as possible
If you are injured due to work or on the way to work, compensation can be claimed as follows:
- Payment of hospital and medical expenses for 12 months following the accident or 12 months following the date upon which weekly payments cease (except when a worker suffers more than a 30% whole person bodily impairment).
- Weekly payments of compensation (income supplement) at varying rates up to 130 weeks. Thereafter, if a worker remains partially incapacitated for work make-up pay can be claimed for a further 130 weeks where a worker is working at least 15 hours per week or, where the worker remains totally incapacitated for work.
- No weekly payment of compensation is available to workers after 5 years unless they suffer from a more than 20% whole person bodily impairment.
Lump sum claims for permanent impairment are available in circumstances where a worker can demonstrate more than a 10% whole person bodily impairment.
Injuries caused by employers’ negligence
If you are injured due to your employer’s negligence and can demonstrate a whole person bodily impairment of 15% or more you can bring an action for what is commonly known as “common law” or “Work Injury Damages”.
Damages are limited to past and future economic loss (loss of earning capacity and loss of income).
Damages are claimed in a single lump sum for both past and future economic loss.
All damages claims go through a compulsory mediation process. On average 90% of claims settle at mediation without having to go to Court.
A small minority of claims do go to Court. Of these, the majority tend to settle without having to be determined by a Judge.
If you are assessed at 15% whole person bodily impairment or more it is vital that you obtain comprehensive advice about your prospects of suing for common law damages.
Some workers are not covered by the NSW Workers Compensation Scheme. Such workers would include anyone employed by the Federal Government and a very small number of employers who for various reasons have come under the Commonwealth Comcare Scheme. This Scheme provides significantly greater benefits than those available under the NSW Workers Compensation Act including the following:-
- The potential to claim weekly payments of compensation for incapacity until retirement age.
- Payment of hospital and medical expenses for the rest of a worker’s life.
- Lump sum compensation for whole person impairment.
Under the Comcare Scheme it is also possible to sue for common law damages.
If you are a person whose employer is covered by Comcare, we are happy to assist you with your claim.