Has your workers compensation claim been denied, delayed or suddenly cut off? Not sure what you’re entitled to receive? Getting injured in the workplace is hard enough without your weekly payments being stopped, treatment approval being delayed, not knowing what to do or being pushed to return to work before your body is ready.
As workers compensation lawyers in NSW, we can help you explore your options and your rights, as well as managing your WorkSafe claim, including communication and appealing a denied claim. See what you may be entitled to with our free personal injury claim estimation calculator.
Types of Claims Our NSW Workers Compensation Lawyers Can Help With
Workers compensation in NSW covers more than many people expect. Some injuries happen in a single injury, while others build slowly over time. If you need help making a claim for one of the below types of workplace injuries or illnesses, our NSW workers compensation lawyers can help you know what evidence you need and what to do next.
Stress or Psychological Injuries
Psychological injuries can be just as debilitating as physical ones. This can include conditions like anxiety, depression, adjustment disorder or PTSD caused or aggravated by your work. Under WorkSafe NSW, you may be eligible if you have experienced bullying, harassment, experienced a traumatic incident, unsafe workloads or prolonged workplace stress.
While they are recognised, WorkSafe can require strong medical evidence, so early guidance is especially important for psychological injuries in the workplace. If you have questions or your claim is being delayed, our NSW workers compensation lawyers can help.
Work-Related Diseases
Unlike most injuries, work-related diseases and illnesses aren’t linked to one moment in time, and can develop gradually. It can include conditions caused by exposure, repetitive duties, unsafe environments or long-term strain, although a link to your work must be established.
We work with individuals with work-related illnesses to help defend their right to compensation, including seeking relevant medical evidence and assessing employment history. Even if your claim has been denied, we can help you appeal the decision.
Aggravated Injuries or Illnesses
You may still have a valid workers compensation claim even if your injury or condition existed before. Many NSW workers experience flare-ups or worsening symptoms due to the physical demands or stress of work, so a compo claim can help them get the rest and support they need.
Aggravated injuries and illnesses are often connected to back and joint injuries, repetitive strain and mental health conditions, which can become worse because of workplace factors. Not sure if you have a claim? We can assess your situation to help you consider your options.
Heart-Related Conditions
Heart-related conditions, such as stroke, heart attack or disease can be complex and be brought on by the workplace. This is where detailed medical reports to support the connection between your condition and your employment are important for your claim.
As part of our legal support for workers compensation claims, we can help you seek out the right medical evidence, including specialist medical opinion. Obtaining these reports is generally covered under the workers compensation insurer if your claim is approved.
Physical Injuries
Falls, lifting injuries, fractures, soft tissue injuries, crush injuries, machinery incidents and repetitive strain injuries are some of the most common workers compensation claims in NSW. Even injuries that seem manageable at first can become serious when pain continues or you find it more difficult to perform your job.
Early support can help make sure your claim is documented properly, and the right treatment and payments are sought out.
Complications During Treatment
Sometimes the initial injury is only the beginning. If you experience complications during treatment or your recovery is affecting your ability to return to work, you may be eligible to make a workers compensation claim.
Our team at Main Lawyers can help you explore your options for workers compensation, as well as the potential for a medical negligence claim, if relevant.
How to Make a Workers Compensation Claim in NSW
The State Insurance Regulatory Authority (SIRA) regulates workers compensation in NSW, setting a clear process for how to make a claim. If you have any doubts or questions, or if your claim is denied or delayed, we can help you with your workers compensation claim in NSW, with in-home appointments available if your injury makes travelling to our Tweed Heads or Northern Rivers office difficult.
1
Report the incident to your employer
It’s important to tell your employer as soon as possible about your incident or condition as soon as possible, including as soon as you’re aware a delayed or existing condition has been made worse by your job.
2
Attain a Certificate of Capacity (COC)
Next, see your doctor or attend the hospital for serious injuries or illnesses to attain a Certificate of Capacity (COC), which details your current condition and the impact on your capacity to work. This needs to be submitted with your claim forms.
3
Contact Your Local Workers Compensation Lawyers
Seeking advice from our workers compensation lawyers before you submit your claim can make sure your forms are filled out correctly and with the relevant evidence to prevent delays.
4
Make a Claim
Your employer or their workers compensation insurer will provide you with workers compo forms to complete. It’s important to take your time and understand what you’re filling out, and to do so as accurately as possible.
5
Receive a Decision
Once your forms are submitted, the insurer should provide you with a decision within 7 days, unless they have a reasonable excuse. They then have 21 days to make a full decision about your claim. If this is delayed, please do not hesitate to contact us for a free consultation.
Who should contact a compensation lawyer?
In NSW, you may be eligible to make a workers compensation claim (and also benefit from legal advice), if you are:
- An employee, including full-time, part-time, casual or labour hire worker.
- An apprentice or trainee injured while working.
- A worker with psychological injury connected to work, such as PTSD, anxiety or depression.
- Someone with a work-related illness or disease that has developed over time.
- Someone with a pre-existing injury or condition whose work has significantly worsened.
- Injured while completing work duties off-site, travelling for work or attending required work activities.
- Dealing with a workplace injury that has reduced your capacity to work, caused time off or requires ongoing treatment.
If you’re unsure where you fit or if you’re eligible, legal advice can help confirm if you’re eligible and your next steps.
What Compensation Our Workers Comp Lawyers Can Help You Receive
Workers compensation in NSW isn’t just a one-and-done payment. Depending on your injury and work capacity, you may be able to access a mix of financial support and treatment assistance to help you recover and stay afloat. This may include support for:
- Hospital expenses
- Lost wages
- Travel expenses
- Permanent disability compensation
- Rehabilitation expenses
- Return to work therapy services
- Death compensation
Try our Claim Estimate calculator to see what you may be eligible to receive.
Book Your Free Consultation With Our Workplace Accident Lawyers Today
You shouldn’t have to fight an insurer while you’re trying to recover. Book a free consultation to talk through what happened and get clear advice on your workers compensation options in NSW.
Frequently Asked Question Answered By Our Personal Injury Lawyers Workplace Specialists
What is the maximum payout for workers compensation in NSW?
There isn’t one single ‘maximum’ payout for workers compensation in NSW as the payout is typically in the form of weekly income replacement payments, medical and treatment expenses, and rehabilitation support. However, for permanent impairment, a lump sum of up to $220,000 with an additional 5% for permanent impairment of the back may be received, depending on the situation.
What’s the most common workers compensation claim?
The most common workers compensation claims in NSW are typically musculoskeletal injuries, including back, shoulder, knee, sprain, strain and soft tissue injuries, often from lifting or repetitive tasks. Psychological injury claims, such as anxiety, depression and PTSD linked to work are also increasingly common, especially in high-pressure environments, such as medical fields.
What evidence do you need for a workplace personal injury claim?
Most claims require evidence of how the injury is connected to work, and if it affects you medically and financially. Evidence commonly includes:
- Medical records and a Certificate of Capacity.
- Details of the incident, including the injury register, report emails and notifications.
- Witness details, if available.
- Payslips or employment records.
- Receipts for treatment and travel expenses.
- Insurer correspondence and claim documents.
The earlier the evidence is gathered, the easier it can be to protect your rights.