If you are an employed worker who has suffered an injury in the course of your employment you may be entitled to make a claim for worker’s compensation benefits.
Benefits are governed by the provisions of the Workers Compensation Act, 1987. They may include:
Weekly workers compensation are calculated as a percentage of pre-injury average weekly earnings (PIAWE). There are 3 relevant entitlement periods which are set out in the table below:
|Entitlement Period||No Work Capacity||Some Work Capacity|
|First period 0-13 weeks||PIAWE x 95%||PIAWE x 95% less current weekly earnings|
|Second period 14-130 weeks||PIAWE x 80%||Working 15 hours or more a week: PIAWE x 95% less current weekly earnings|
Working less than 15 hours a week: PIAWE x 80% less current weekly earnings
|Third period 131-260 weeks||PIAWE x 80%||Working at least 15 hours a week: PIAWE x 80% less current weekly earnings|
If certified fit for at least 15 hours a week and not working: Nil
Weekly benefits are generally capped at 260 weeks. However, in circumstances where the injured worker is assessed to have at least 21% whole person impairment, the maximum 260 week time limitation does not apply.
An exempt worker is not subject to the above and there is a different calculation for weekly benefits. Exempt workers include:
If you are unable to work, you may claim weekly benefits based on your current wage (usually the award rate) for the first 26 weeks.
A Workers Compensation Claim should be made as soon as possible after the injury occurs. This should be within 6 months of the date of injury.
However, the time limit for making a claim may be extended up to 3 years after the injury has occurred if an injured worker has a reasonable excuse for not making it within 6 months. A reasonable excuse includes absence from the state, ignorance or mistake.
A claim may be made more than 3 years after the accident if it relates to an injury that resulted in the death or serious and permanent impairment of a worker and there is a reasonable excuse for the delay and the claim is approved by the State Insurance Regulatory Authority (SIRA).
Frisina Lawyers is a specialised Injury Compensation Law Firm that has been helping injured workers navigate their claims since 1980.
Mr Anthony Frisina, the principal of Frisina Lawyers is accredited by the Law Society of New South Wales as a specialist in Personal Injury Law and has been practicing in this field for 30 years. We are there to lend a helping hand when an injured worker needs help with their claim to:
To make sure that you are getting all of your workers compensation entitlements, you need an expert lawyer on your side.
The Independent Review Office (IRO) provides injured workers with legal funding though the Independent Legal Assistance and Review Service. This enables injured workers to pursue their workers compensation claim. Therefore any legal fees and expenses incurred in pursing your claim for statutory benefits under the Workers Compensation Act are covered by the IRO.
In the event that your injury was caused through some fault on the part of your employer you may be able to make a claim for negligence (Work Injury Damages). In order to do so your injury must be assessed to be at least 15% whole person impairment and you must be able to prove fault against your employer.
Thereafter, an injured worker is entitled to claim a statutory rate as set by the Workers Compensation Legislation.
Medical and related treatment expenses may be claimed by an injured worker provided the treatment is directed by your medical practitioner and is reasonably necessary as a result of your injury.
An injured worker may claim the cost of:
The insurer will only pay for treatment if it is pre-approved and is reasonably necessary.
You do not require pre-approval from the insurance company if:
An injured worker may be entitled to claim a lump sum for their physical injuries provided the injuries have resulted in at least 11% whole person impairment (exempt workers are not subject to the 11% threshold).
If the injured worker has suffered a primary psychological injury in the workplace a lump sum may be claimed only if the injured worker has at least 15% whole person impairment.
It is important that an injured worker make a report of injury to their employer as soon as possible.
It will be necessary to consult with a medical practitioner in order to receive treatment for your injuries and a Certificate of Capacity for any incapacity for work.
Certificates of Capacity should be provided to your employer and/or the workers compensation insurer on a regular basis (usually monthly).
A workers injury claim form should also be completed by an injured worker and submitted to the employer and/or the workers compensation insurer as soon as possible after an injury.
If you qualify to make such a claim the damages available are limited to:
Resolving a Work Injury Damages Claim for a lump sum will also bring to an end any rights to workers compensation against your employer.
Frisina Lawyers offer a No Win – No Fee service meaning that your legal fees can be delayed until the successful outcome of your claim so that there is no unnecessary financial burden on you.
Anthony Frisina is an accredited specialist in personal injury law and has been involved in the Work Injury Damages Mediation process since its introduction in New South Wales in 2002.
Making a claim for compensation can be confusing and often injured workers are not fully appraised of their rights. Frisina Lawyers offers a first consultation free assessment of your claim to provide advice and guidance on the compensation you may be entitled to.