Could you be entitled to workers compensation?

FOR a place of employment to function smoothly, the workers (both managers and owners) require certainty that health and safety is considered a high priority. 

Work injury claim form

FOR a place of employment to function smoothly, the workers (both managers and owners) require certainty that health and safety is considered a high priority. 

Workers compensation insurance is compulsory for employers in NSW, and if you are injured as a worker, you will be entitled to receive workers compensation.

Should my employer have workers compensation insurance?

Every worker should understand employer and employee obligations regarding workers compensation insurance and claims. Serious work injuries aren’t an everyday occurrence, but it’s important to know the many ways accidents and incidents can happen and to take subsequent measures to mitigate risk factors.

Employer and business obligations include:

Duty of care and duty to consult: as outlined in the Work Health and Safety Act

Reasonably practicable: doing what it takes to ensure a safe and healthy workplace

Workplace management and control: ensuring workplace functions are carried out safely

Return to work programs: helping injured workers with recovery and getting back to work

Due diligence: Directors, officers and body corporates all share health and safety obligations

Do I need legal help to make a workers compensation claim?

As with any claim for compensation, evidence is required. Claims can become drawn out, challenged or even taken to court, so knowing exactly where you stand is important. Fortunately, experienced and reputable Taylor & Scott Workers Compensation Lawyers offer a free case assessment, plus their famous ‘no win no fee’ guarantee in work injury damages negligence claims. Here are a few things a workers compensation lawyer can do to assist you.

• Advise you of your rights
• Assist you in completing all claim forms
• Apply to WIRO for a grant of legal assistance
• Undertake medical, police and other searches on your behalf
• Collect witness statements, employer statements and other evidence
• Format all documents into a comprehensive case-winning portfolio
• Negotiate with opposing insurers and representatives on your behalf
• Represent you in court if requested

What benefits can I get if my claim is successful?

It’s not surprising that many people don’t pursue valid workers compensation claims. The focus is on recovering from injuries, and commencing a legal battle isn’t always the immediate priority. However, you could be entitled to workers compensation that will help to maintain quality of life and legal assistance is highly advisable. Here are some potential benefits of a successful workers compensation claim.

• Weekly compensation payments
• Cover of medical, travel and rehabilitation expenses
• Domestic assistance and home-nursing help
• Alterations to your home and vehicle for those who are very seriously injured
• Alterations in the workplace to aid your return to work
• Lump sum payments for serious permanent injuries

Does workers compensation cover any injury?

Workers can make a claim for any physical or psychological injury that has been sustained during employment or while engaged in work-related activities. This includes the gradual onset of diseases which are aggravated, accelerated, exacerbated or deteriorated due to employment, provided employment is the main contributing factor.

When am I not covered by workers compensation?

Workers compensation insurance provides a financial safety net for everyone in the workplace. Claims are made on a ‘no-fault’ basis to protect all parties, although it’s not uncommon for disputes to arise and a claim to be challenged. If you are an employee, you are expected to follow workplace rules that ensure safety of yourself and others.

If your own negligence caused the injury, or your injury was sustained on purpose, the workers compensation claim may be disputed or the damages (claim payout) reduced. At the other end of the spectrum, if you believe you have been unfairly treated or your claim is disputed, Taylor & Scott Lawyers, a favoured NSW legal firm since 1906, can help. In the meantime, here are a few more ways employers and employees can work together in creation of safer workplaces:

• Getting involved in workplace health and safety issues
• Investment of time and money in workplace health and safety
• Ensuring health and safety priorities are clearly understood
• Identifying workplace hazards that pose a risk to employees and visitors
• Understanding the extent of harm possible from workplace hazards
• Implementation of risk mitigation and control measures
• Periodic review of workplace health and safety procedures

Originally published as Could you be entitled to workers compensation?