Getting injured on the job can have a major impact on your life. However, if the worst happens, you may be entitled to make a claim for compensation.
The workers compensation system in New South Wales has been through some changes in recent years – so it’s essential to get up-to-date advice before you make a claim. Here’s an overview of what you should know about claiming workers compensation in NSW.
What is workers compensation in NSW?
Unless they’re in an exemption category, all employers must take out workers compensation insurance for the organisation. This insurance provides compensation for employees who are injured or become sick due to their work.
This support can make the difference as they recover enough to return to work. They may be eligible to receive compensation in the form of:
- lost wages
- medical and rehabilitation treatment
- return to work assistance
- non-economic loss like pain and suffering (in specific circumstances).
A worker can claim compensation even if the incident occurred while they were away from their typical place of work, such as travelling to or from work, or at a work-related conference. Depending on the circumstances, even while working from home.
Employers in every state and territory must get workers compensation and have a certificate of currency as evidence of this. Only a few exempt employers work under different rules.
The workers compensation system works differently across different states. Under the Workers’ Compensation Act 1987 (NSW), organisation must take out workers compensation insurance if they meet various criteria, including:
- have full-time, part-time or casual workers, or workers who are under an oral or written contract of service or training contract
- have trainees or apprentices
- expect to pay more than $7500 in wages and benefits in the next financial year.
Exempt NSW organisations
Some NSW organisations operate under different rules and don’t need to take out workers compensation. An organisation may be exempt if they meet certain criteria, including:
- pay less than $7500 in wages a year
- don’t employ an apprentice or trainee
- are involved in taxi driving, hire car driving, horse racing and professional boxing.
However, these exempt organisations still have a duty of care to their workers and must assist injured workers with injury management and returning to work.
If you’ve suffered a workplace injury while working for an exempt organisation, contact us to discuss your options.
Exempt NSW workers
As with exempt organisations, there are some workers who aren’t covered by the workers compensation laws in NSW. For example, police officers, paramedics and firefighters are considered exempt.
However, these workers are still protected, and can claim different benefits if they suffer a work-related injury or illness. Their weekly payments and lump sum payments are calculated differently.
We have a lot of experience assisting exempt workers to get the compensation they deserve after a workplace injury. Contact us to find out more.
Organisations involved in workers compensation in NSW
State regulator
Each Australian state and territory has its own regulator that administers the workers compensation system and provides advice to workers and employers. In New South Wales, the State Insurance Regulatory Authority (SIRA) is the state regulator for workers compensation insurance.
Government agency insurer
Generally there are 3 types of workers compensation insurers in NSW – icare, self-insurers and specialised insurers.
icare is the NSW Government agency that provides insurance and care under various compensation schemes. This includes acting for the Workers Compensation Nominal Insurer, which works with established insurance companies (like Allianz) to provide insurance to employers and manage worker claims.
Of course, if you suffer a workplace injury and your employer doesn’t have this insurance (and they’re not self-insured), you can make a claim through the Uninsured Liability Scheme.
Self-insurers and specialised insurers
Some employers are allowed to manage their own workers compensation claims rather than take out an insurance policy from icare. They must meet strict criteria and get a licence from SIRA as evidence that they’re self-insurers.
Specialised insurers have a licence from SIRA to provide workers compensation insurers to organisations and manage their claims and liabilities in a particular industry. SIRA monitors these insurers to ensure they continue to be financially viable and have high quality injury and case management.
But no matter which insurer type your employer goes with, every employer has a duty of care for workers and must help you in your recovery and return to work when you’re ready.
If you’re having trouble claiming workers compensation from an employer in this category, contact us to see how we can help.
How to file for workers compensation under NSW law
The process of making a workers compensation claim looks simple enough, but there are pitfalls that can prevent you getting the compensation you need and deserve.
As every case is different, contact a workers compensation lawyer as early as possible to discuss your specific circumstances. Here are some important steps in the process.
Get medical treatment – As soon as your workplace injury occurs, or illness becomes obvious, see your doctor. They can assess the extent of the problem and recommend treatment. They should also provide a ‘certificate of capacity’ that states the extent of the injury, your treatment, your ability to work and eligibility for workers compensation.
Notify your employer – By law you must report your injury to your employer within 48 hours. Failing to do so could delay compensation or cause issues with your claim.
Notify your insurer – Telling your insurer, or iCare, about your injury will get your claim process started quickly.
Collect evidence – The more evidence can gather about your injury, the more likely that your claim will be successful. A workers compensation lawyer can do this on your behalf if you’re still recovering and not able to do it yourself.
Submit claim form – Once you have everything, you or your lawyer will complete the claim form, provide all the necessary documentation and submit it to your employer.
Getting legal help
Every workers compensation case is different. Insurers will always try to reduce their liability and cases can take longer than you expect. You should get help from legal professionals to make sure you get everything you’re entitled to.
At Main Lawyers, we have years of success in this area. Contact us today for a free, no-obligation discussion to see how we can help.
