MAURICE BLACKBURN LAWYERS WORKERS COMPENSATION NSW
02 MAURICE BLACKBURN YOU RE WORTH FIGHTING FOR. If you are hurt, injured, or are facing an unfair situation, you and your family shouldn t have to suffer. That s why we never stand back when bad things happen to good people. At Maurice Blackburn we believe that the law should serve everyone. Who you are or where you re from, it doesn t matter. You re worth fighting for. Maurice Blackburn was born from one man s belief in making a difference to people s lives. Nearly 100 years on these values remain a powerful influence on everything we do. We exist to fight for your rights. For what you deserve. When life isn t fair we ll help you to fight for everything you re entitled to. Because at Maurice Blackburn, we fight for fair.
03 WORKERS COMPENSATION The Workers Compensation scheme in New South Wales is a complex scheme requiring specialised knowledge of the law in this area. If you are injured, you should seek advice from your union or Maurice Blackburn to guide you through the claims process. It is critical that you obtain independent and expert legal advice as soon as possible following your accident to ensure that: you comply with the strict time limits in relation to the lodgment of your claim you are aware of the total range of benefits and lump sum compensation available you are advised whether you will qualify for work injury damages (an additional claim to a workers compensation claim) and the process for obtaining it you are advised and understand the process of obtaining compensation evidence is collected when it is still fresh and available to maximise your entitlements your lawyer is in the best position to be able to obtain the best possible outcome for you, and you are advised of any other legal entitlements such as public liability/ occupiers rights and motor vehicle accident compensation rights stemming from the workplace incident. These rights have strict time limitations of which you need to be advised. Workers Compensation insurers have their own lawyers who advise them about their obligations to pay compensation. An insurer will not provide you with independent legal advice, nor will they suggest that you seek independent legal advice when considering offers or denials to pay for your lost wages or medical treatment expenses. An insurer will not automatically offer to pay you the entirety of your compensation entitlements. It is important that you seek to protect your interests and obtain competent and expert legal advice. You should seek legal advice promptly to determine whether you are entitled to workers compensation. How to claim compensation To lodge a workers compensation claim, a worker must give notice of their injury to their employer in writing, as soon as possible after the injury has occurred and before the worker voluntarily ceases employment with that employer. A Notice of Injury must state the name and address of the person injured, the cause of injury (which can include the nature and conditions of your employment) and the date on which the injury happened. If possible, a notification should be written in the Registry of Injuries at your workplace. The claim form should be lodged within six months from the date of the incident.
04 MAURICE BLACKBURN In order to make a claim for workers compensation for the payment of weekly benefits and medical and treatment expenses, you should lodge a Worker s Injury Claim Form with supportive medical evidence. This evidence is usually a NSW WorkCover Medical Certificate which you can get from your doctor. Within seven days of receiving the Worker s Injury Claim Form, your employer must forward your claim to their insurer. The insurer then has seven days to determine provisional liability. The insurer then has 21 days to make its final determination regarding liability for weekly benefits and medical expenses. Benefits you could be entitled to If you have been injured at work, you may be entitled to a range of benefits. Your entitlement is irrespective of how the injury occurred, which means it doesn t matter who was at fault. The benefits are paid by the insurer and not your employer (unless your employer is self insured) and include: Payment of reasonably necessary medical, treatment, rehabilitation and medication expenses. Travel to and from medical and rehabilitation appointments can also be claimed In two recent workers compensation cases, we secured our clients over seven times the initial settlement offer. John Salanitri Workers Compensation Principal Domestic assistance/care Weekly compensation payments when you are totally unable to work or you are unable to work to your pre-injury level due to your injury. You must regularly obtain NSW WorkCover medical certificates for all periods of total or partial incapacity A lump sum for your injury. In addition, you may be able to make a work injury damages lump sum claim if it can be established that your employer was at fault or partially at fault for the workplace injury
6 MAURICE BLACKBURN you sustained. You must have sustained an injury that has resulted in a whole person permanent impairment of 15% or more. If you are successful in this claim, you would receive a lump sum representing your past and future economic/wage loss, and past and future superannuation benefits. Such claims must be commenced within 3 years from the accident date. If a family member has been killed in a work related incident, the deceased s family may have separate entitlements to compensation. In additional to paying the cost of funeral expenses, if a worker dies and leaves dependants, they can claim the following: A lump sum death benefit, which is to be apportioned among any dependants who are wholly or partly dependent for the support of the worker that died. If there are no dependants, the benefit is to be paid to the worker s legal personal representative A weekly allowance in respect of each dependent child of the worker under 16, and each dependent child of the worker who is a student between the ages of 16 and 21 years. Will I have to go to court? In the majority of cases, claims are resolved without going to the Workers Compensation Commission and/or to court. Protecting your rights If you think you have a compensation claim, you should contact our dedicated team of lawyers by calling 1800 810 812. At Maurice Blackburn, we are committed to getting a fair outcome for our clients so you can get on with your life without disadvantage. Our expert Workers Compensation lawyers provide a free first consultation and will fight to ensure you receive the best possible outcome, because we recognise that the compensation you receive is vital to ensuring quality of life for you and your family. If you would like to speak with us about your particular concerns, please call 1800 810 812. From the very beginning, we fought for the rights of everyday people. We continue this tradition today. How long will it take The average dispute for statutory entitlements generally takes between nine and 12 months to resolve. Claims can sometimes take less time to resolve, however, they may also take longer due to injuries not having stabilised, where an injured worker requires surgery, non attendance at doctors consultations, difficulty in negotiating a settlement with the insurer, or delays in the process. Maurice Blackburn exist to fight for your rights. For what you deserve. When life isn t fair we ll help you to fight for everything you re entitled to.
CONTACT US If you are considering legal action or want to fight for your rights, get in touch and we can assess what you need or arrange for a meeting with one of our lawyers. For most practice areas, your first consultation is free. 1800 810 812 (business hours) mauriceblackburn.com.au Workers Compensation Road Accident Injuries Medical Negligence Asbestos Diseases Superannuation & Insurance Claims Public Liability Faulty Products Comcare Will Disputes Financial Advice Disputes Employment & Industrial Law Class Actions Social Justice You are welcome to drop into one of our New South Wales offices: Sydney (02) 9261 1488 Level 32, 201 Elizabeth St Sydney NSW 2000 Parramatta (02) 9806 7222 72 Macquarie St Parramatta NSW 2123 Visiting offices Call us or visit the website for more details: Wollongong
Maurice Blackburn is a leading Australian law firm certified to the international ISO 9001:2008 quality standard. Information correct at 1 April 2014. This brochure is a general guide to dealing with Workers Compensation claims and is not a substitute for professional advice in this area. Maurice Blackburn is proud to be carbon neutral (see our website for details). This brochure is printed on ecostar Silk. Made with 100% certified post consumer waste fibre, it is produced with a carbon neutral manufacturing process and has been made in a facility that operates under the ISO 14001 Environmental Management System. MB4184_NSWWC 09/14