The New South Wales Workers Compensation system supports people who are injured at work. Support and assistance are provided by the employer’s insurer directly to assist an injured worker with accessing support comprising medical, hospital and rehabilitation treatment expenses, compensation for lost wages whilst being unfit to work, the payment of lump-sum permanent impairment compensation (for both physical and psychological injuries) and following the recovery from injury, assistance with a return to work.

The State Insurance Regulatory Authority (SIRA) is the New South Wales Government Agency responsible for regulating the New South Wales Workers Compensation system.

Who Can Claim Workers Compensation?
Any person employed in New South Wales who sustains an injury arising out of or in the course of their employment can and should make a workers compensation claim. Workers who acquire an illness or a disease from their workplace where it is established that the workplace is the main contributing factor to acquiring or leading to a worsening of a disease or illness can also make a workers compensation claim.

In certain cases where it is established that their injury is stabilized however, they are left with at least a 15% whole person permanent impairment and the cause of their injury was on account of the negligence of their employer, they can also commence common law civil proceedings against their employer for negligence after they received their statutory entitlements.

There are strict time limits that affect the commencement of common law negligence proceedings (a Work Injury Damages claim) and so it is very important that an injured worker see their lawyer at the earliest opportunity after their incident to ensure that they receive complete and correct legal advice.

New South Wales Statutory Workers Compensation
Claim Process

1. An injured worker in New South Wales does not have to prove their employer was at fault.

2. The costs of our acting on your behalf in relation to your statutory workers compensation claim are paid for you by the Independent Review Office (IRO), ILARS – Funding Scheme.

3. Once you have lodged a claim with your employer, the Insurer will shortly thereafter advise their position in relation to their admission or otherwise in relation to your claim. When liability is admitted you are entitled to receive:

  • a. Weekly benefits compensation (compensation for your lost wages in accordance with the legislation);
  • b. Reasonable and necessary medical, rehabilitation and treatment expenses (as approved by the Insurer);
  • c. Permanent impairment lump sum compensation (subject to certain injury thresholds being met).
Even if the Insurer accepts liability in relation to your injury at work, it does not necessarily mean that the Insurer will offer or pay to you the full extent of entitlements and benefits that you could receive. If the Insurer declines liability for your injury then it is unlikely that there will be any benefits offered by the Insurer. That is why it is important that you see us irrespective of whether the Insurer has accepted or denied liability in order that we can provide you with assistance and advice all at no cost to you.

A Summary Of Workers Compensation With Tony
Love Lawyers

1. If you are injured at work call us so that we can make an application for your legal fees to be paid for in order that we can give you detailed and on-going legal advice and assistance with your claim.

2. Lodge a claim form with your employer and when you receive the initial correspondence from the Insurer, provide that to us.

3. Your entitlements (for either a physical or psychological injury) may include statutory benefits for:

  • o Weekly benefits (lost wages)
  • o Medical, rehabilitation and treatment expenses
  • o Lump sum permanent impairment compensation

4. Where your injury is severe and permanent and caused on account of the fault of your employer, you may be able to commence civil common law proceedings for negligence to recover your past and future economic loss (lost wages) when your statutory entitlements have been finalized (subject to time limits).

NB: Your legal fees incurred in commencing and pursuing common law negligence civil claims are not covered by the statutory IRO and ILARS Funding Scheme.

Contact Tony Love Lawyers today
Tony Love Lawyers has decades of experience in handling injury claims for both physical and psychological injuries that have impacted workers in the course of their work. Get in touch today to see how we can help you.