If you live in NSW please contact us for more information. Under NSW law, we cannot advertise our Personal Injury services unless you are a client or potential client. The following information is for ACT residents only.
Workers Compensation Claims
Have you suffered an injury related to your work? If so, you are not alone. In the 2007/08 financial year nearly 25,000 claims were submitted to NSW workers compensation insurers, with the largest number of claims relating to the retail, property, construction and health industries.
The fact is that workplace injuries are very common, including slip or trip accidents, back injuries, dislocations or broken bones, shearing accidents etc. However they occur, they can lead to extended periods off work and in some cases, to permanent impairment.
Because workplace injuries are so common, governments have established special legislation to require employers to take out workers compensation insurance, to determine the compensation payable to injured workers and to promote injured workers' return to work.
The Workers Compensation Act is complex.
The Workers Compensation Act provides for payments in lieu of wages, reimbursement for medical, rehabilitation or retraining costs, lump sums for permanent impairment and pain and suffering, and if an injury results in the death of a worker, payment to the worker's family of death benefits and funeral expenses. It also provides for negligence based claims in certain circumstances.
An injured worker is paid at average pre incapacity weekly earnings for the first 26 weeks that the worker is fully incapacitated. If partially incapacitated, the worker is paid at the difference between pre and post incapacity earnings. If a worker unreasonably refuses to return to work, the amount the worker could have earned is taken into account.
After the first 26 weeks, a worker is paid a capped amount calculated under a statutory formula.
In some cases, a workplace injury will result in a permanent impairment. A schedule to the Act sets out percentages applicable to various permanent impairments. The worker is entitled to that percentage of $100,000 for the impairment. A cap of $150,000 applies to damages for multiple impairments.
Workers also have the choice to make a "common law" claim in negligence if their injuries result from the failure of the employer to take due care and if the worker reaches the threshold. An award of damages in negligence affects a worker's right to compensation under the Workers Compensation Act, preventing a person from receiving workers compensation payments, or requiring the repayment of workers compensation payments already received.
Walker Legal Compensation Lawyers are workers compensation experts. Principal Steve Walker is generally regarded as the best worker's compensation practitioner in NSW and is a Law Society accredited personal injury specialist. Walker Lawyers take advantage of this unrivalled experience to achieve quick, fair results for our clients both in common law claims and claims under the Workers Compensation Act.
Regardless of whether you claim compensation under the Act or in negligence, you will be dealing with an insurance company. Our workers compensation solicitors were trained in advising the big insurers. We understand their tactics and apply this experience to help you win your claim.
Please contact us on 1800 445 537 to arrange a consultation with one of our lawyers. You will find us friendly, helpful and diligent in pursing your workers compensation claim. Note that we offer our services on a no-cost-to-you-ever basis.
