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Category Workers Compensation

A library with the caption 'Amendments to the motor injury act to comment on october 2020.'

AMENDMENTS TO THE MOTOR ACCIDENT INJURIES ACT(NSW) 2017 TO COMMENCE ON 1 APRIL 2023

UNDERSTAND THE 1 APRIL 2023 CHANGES AND HOW THEY IMPACT YOU IF YOU ARE INJURED IN A MOTOR VEHICLE ACCIDENT....

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A puzzel with a missing piece, where the piece is meant to be ot says HARASSMENT, and the red puzzel piece which is meant to fill the empty gap says STOP IT!

The Impact of Workplace Bullying and Harassment and How to Address It.

Bullying and harassment in the workplace is a serious problem that affects millions of workers around the world....

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A piece of blue paper with the words, WORKERS COMPENSATION INSURANCE written on it and the caption “The NSW Workers Compensation System”

The NSW Workers Compensation System

The worker's compensation guidelines contain information to help you understand the workers compensation system and to manage your claim....

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A pig bank next to glasses, a book and a calculator with the word superannuation written on the pig bank and the caption “Do You Have TPD Insurance”

Do you have TPD Insurance?

If you have suffered an injury or illness that is preventing you from working or performing domestic chores, you may have a claim for Total and Permanent Disablement (TPD)....

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A person at a laptop with the caption 'SIRA who are they and what do they do?'

SIRA – Who Are They And What Do They Do?

If you have been injured in a motor vehicle accident or at work, you may have already come across the organisation known as SIRA....

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A group of barristers in black and purple clothing walking with the caption “Why Do I Need a Barrister”

Why do I need a Barrister?

The Barristers used by Garling & Co Lawyers are those which are tried, trusted, and experienced in Personal Injury Law....

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Lady sitting at a desk with the caption 'Injured at Work – Are you Entitled to Domestic Assistance'

Injured at Work – Are you Entitled to Domestic Assistance?

Section 66A of the Workers Compensation Act 1987, allows an injured worker to claim domestic assistance even if it’s provided gratuitously, meaning it is provided free of charge by friends and family....

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A black and white image of a person sitting with two hands on the laptop on a desk in front of them.

WID – What is it?

W.I.D = Work Injury Damages...

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A group of people sitting at a table with the words all about IRO.

All About IRO

IRO is an organisation or scheme representative involved in both the NSW Workers Compensation and Motor Accident Scheme.  ...

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A man in a high visibility vest with his arms crossed with the caption "Understanding the Importance of Whole Person Impairment in Compensation"

Do I Continue To Receive Workers Compensation Benefits If I Am Made Redundant?

...

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A group of words linked to offensive behavior with the caption “Can I Sue Someone for Emotional Trauma in Australia”

Can I sue someone for emotional trauma in Australia?

The short answer is yes....

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A woman in a warehouse holding a tablet with the caption 'Can I be Fired Whilst on Workers Compensation'

Can I be Fired Whilst on Workers Compensation?

It is an offence to dismiss an injured worker within six months of an injury....

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A doctor with one hand on a computer and the other holding a pen writing down something on a paper with a clipboard with the caption “How to Access your Medical Records & Information”

How to Access your Medical Records & Information

Access to your health records and information along with the privacy of your health information is covered by the Health Records & Information Privacy Act 2002 (NSW) (HRIP Act)....

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ICARE PIAWE Review and Remediation Program

ICARE NSW is inviting injured workers who received weekly workers compensation payments between October 2012 and October 2019 in NSW to come forward if they believe they may have been underpaid their weekly entitlements by the Workers Compensation Insurer. ...

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A piece of blue paper with the words, WORKERS COMPENSATION INSURANCE written on it and the caption “Am I Entitled to Annual Leave and Long Service Leave Whilst on Workers Compensation in NSW”

Am I Entitled to Annual Leave and Long Service Leave Whilst on Workers Compensation in NSW?

The short answer is yes, employees receiving workers compensation payments, even if they are off work, are entitled to accrue annual leave during their absence as well as long service leave....

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A woman and man with the man holding a pen signing a piece of paper watched by another man with three tea cups on the table and the caption “What Is the Insurers Investigation Statement”

What is the insurers investigation statement?

In workers compensation claims it is not uncommon for the insurer to arrange an investigator to meet up with you for the purpose of obtaining a statement about your workplace injury....

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A piece of blue paper with the words, WORKERS COMPENSATION INSURANCE written on it and the caption “Work Capacity Decisions (Recent Changes)”

Work Capacity Decisions (recent changes)

Work Capacity Decisions are made by a worker’s compensation insurer to determine the work capacity of an injured worker....

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A doctor in a blue uniform holding an ipad and typing something down with the caption “Whole Person Impairment Claims – An Update”

Whole person impairment claims – an update

A claim for Work Injury Damages is a claim in negligence against your employer....

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A hologram with a peice of paper labeled Cost and a bar and line graph, with a person interacting with the hologram.

PIAWE calculation and weekly payments

PIAWE (pre-injury average weekly earnings) should be a fairly simple calculation however insurers regularly get it wrong....

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A white puzzel with a missing piece, in the gap it says HARASSMENT and the missing piece in the photo saying STOP IT!

Sexual harassment in the workplace and an entitlement to compensation

Sexual harassment in the workplace is on the rise in Australia....

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A man in a blue shirt and blue suit jacked smiling into the camera.

The New Section 74 Notice – Now Called the Section 78 Notice

To decline any aspect of a worker’s compensation claim, the insurer must issue a dispute notice which is now called a Section 78 Notice....

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A hologram with a piece of paper labeled Cost and a bar and line graph next to it with a person interacting with it.

Can I make a second claim for lump sum compensation for permanent impairment?

The assessment of whole person impairment is now vitally important as it effects all entitlements to workers compensation under the Act....

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A black and white image of a person sitting down in front of a laptop with two hands on the laptop.

Amendments to Section 38 of the workers Compensation Act – continuing workcover payments after 130 Weeks

In August 2016 the Workers' Compensation Act was amended to change a workers' entitlements to ongoing weekly compensation based on the level of permanent impairment obtained....

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A person in a high vis vest holding a white hard hat.

Duty of care of head builder to contractors on a job site

A head builder has obligations under the Occupation Health and Safety Act and Regulations to provide a safe work environment....

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An empety hospital bed alone in the hallway of a hospital.

Section 59A of the workers compensation Act 1997 limit on payment of medical expenses

Section 59A is an important section of the Workers' Compensation Act as it deals with an injured workers' ongoing entitlement to medical expenses....

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A man in a shirt and suit sitting across from a women while writing on a piece of paper.

Limitation periods: Do you know how much time you have to make your claim?

In personal injury and other civil matters there are time frames in which claims must be brought....

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Workers compensation claims: should you challenge a S74 notice?

What is a Section 74 notice?...

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9 reasons why you need an expert workers compensation lawyer

If you have suffered an injury at work you may be able to make a claim for Workers’ Compensation....

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A red Accident & Emergency sign on the street next to greenery.

Injured bull rider wins workers compensation claim

A recent Workers Compensation Commission decision ruled in favour of an injured bull rider being considered a worker....

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A man smiling on an opposite side of a desk to a lady.

Understanding the importance of whole person impairment in compensation

If you have a permanent impairment as a result of workplace injury or illness....

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An empety hospital bed alone in the hallway of a hospital.

How Do Doctors Assess The Level Of WPI For Spinal Injury Claims?

Make a claim for lump sum compensation for permanent impairment....

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A person wearing a high vis vest holding a white hard hat.

Section 39 of the Workers Compensation Act

Amendments to Section 39 of the Workers Compensation Act....

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A person in a blue top interacting with a hologram which has a piece of paper labeled 'cost' next to a bar and line graph.

Legal costs are now payable to assist in challenging a work capacity decision

All legal costs are paid by the workers' compensation insurer and there are no costs payable by workers in challenging the decision....

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Recommendations for amendments to the workers’ compensation scheme

On 9 March 2017, the NSW Upper House Committee on Law and Justice handed down several recommendations after completing its first review of the Workers’ Compensation Scheme....

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Sydney personal injury law firm changing lawyers

Can I change lawyers during my claim?

You can change lawyers or switch lawyers at any time during your claim. This applies to any workers’ compensation claims, motor vehicle claims, or public liability claims....

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Sydney personal injury law firm, Garling and Co.

How to avoid having weekly benefits stopped at the end of 2017

It is estimated that some 8,000 injured workers will be notified this year that their weekly benefits will cease at the end of 2017....

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Sydney personal injury law firm, Garling and Co.

NSW Government making a huge profit by throwing thousands of injured workers out of the system.

In the coming months, some 7000 – 8000 injured workers will be notified that their weekly benefits will cease at the end of 2017....

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Garing and Co award winning personal injury law firm beware case conference in your claim

Beware the case conference

Once a claim for workers' compensation is accepted, the insurer will appoint a rehabilitation provider to assist in your return to work. ...

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Garling and co award wining workers compensation firms 5 frequent questions

5 frequently asked questions in workers comp claims

We have answered the 5 most frequently asked questions in workers compensation claims...

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Sexual harassment on rise in Australia

Sexual harassment on the rise in Australia

It is suggested by Workforce Diversity Specialist, Conrad Liveris that there has been a significant increase in the number of sexual harassment cases in Australia. ...

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Garling and Co award winning workers compensation lawyers bullying

Bullying In Workers Compensation Claims

The Macquarie University Centre for Workforce Futures conducted an enquiry in relation to allegations of bullying in WorkCover NSW system during 2014 and 2015....

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Garling and Co Accredited specialist personal injury lawyer whole person impairment

Whole Person Impairment Calculator and Claims Guide

If you have been injured at work and have sustained a permanent injury that has stabilised, you may be entitled to lump sum compensation claim for permanent impairment. ...

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Ultimate guide to weekly compensation payments under the WC Act Image not available

Ultimate guide to weekly compensation payments under the WC Act

Payment of statutory workers’ compensation such as weekly compensation is a “no fault” scheme....

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A red rubber stamp with the word declined on it.

The insurer has declined liability for my claim, what can I do now?

To decline a claim for weekly compensation and/or medical expenses, the insurer must send the injured worker a Section 74 Notice....

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Garling and Co award workers compensation lawyers medical expense guide

Complete guide to medical expenses under the workers comp system

If you have sustained an injury in the course of your employment, the insurer is required to pay medical expenses in accordance with Section 60 of the Workers Compensation Act 1987....

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Garling and Co award winning lawyers insurers deny medical treatment

Insurers continue to deny reasonably necessary medical treatment

In late 2012 the worker tripped and injured his left knee and right hand while at work....

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Garling and Co award winning workers compensation lawyers

Workers comp weekly compensation benefits explained in an Info-graphic

Everything you need to know about Workers Compensation weekly compensation benefits (in an info-graphic)....

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A paycheck with the words pay advice on it.

How to calculate your pre-injury average weekly earnings

As an injured worker you may be entitled to weekly payments of compensation. ...

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garling and co award winning personal injury lawyers payment medical expenses

Is the Insurer Delaying Payment of Medical Expenses?

The interests of the injured worker and the insurance company are significantly different. The injured worker wants to receive treatment for their injuries as soon as possible and the insurer wants the injured worker to return to work as soon as possible and pay the least amount of compensation possible....

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garling and co award winning personal injury lawyers bullying insurer

Bullying by the insurer in workers compensation claims

The insurers’ main interest is to get you, the injured worker, back to work as soon as possible....

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garling and co award winning workers compensation lawyers legal costs

Legal Costs In Workers Compensation claims explained

Legal support is available for injured workers who need help to make a claim or resolve a dispute about entitlements with their insurer....

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garling and co award winning workers compensation lawyers medical expenses

Workers comp medical expenses explained in an info-graphic

Everything you need to know about Workers Compensation (in an info-graphic)....

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garling and co award winning personal injury lawyers guide to injury management

Injury management explained

Injury management is the safe and long term return to work plan made for an injured worker....

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garling and co award winning workers compensation lawyers retraining work assistance

Insurers to pay for retraining and work assistance

An Insurance company has a variety of obligations to an injured worker, including retraining and work assistance....

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garling and co award winning workers compensation lawyers medical expenses guide

Medical expenses in NSW workers compensation claims

What medical and related expenses does the insurer pay?...

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garling and co award winning workers compensation lawyers section 74 notice

What is a Section 74 Notice?

A section 74 Notice is a written decision from the Insurer declining the claim for either weekly compensation or medical expenses or both....

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garling and co award winning workers compensation lawyers amount payable whole person impairment WPI

Amount Payable for WPI Claims

As an injured worker you are entitled to compensation for your injuries depending on your degree of permanent impairment....

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garling and co award winning workers compensation lawyers weekly payments

Weekly payments explained in an info-graphic

Everything you need to know about weekly payments (in an info-graphic)....

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garling and co award winning workers compensation lawyers workplace sexual harassment

Sexual Harassment in the Workplace

What is Sexual Harassment?...

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A man in a vest with the words work injury damage part 1.

Work injury damages (part 1)

An employer can be found negligent if they have breached their duty to their employee’s to provide a reasonably safe workplace whilst at work....

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garling and co award winning workers compensation lawyers work injury damages

Work injury damages (part 2)

The insurer takes over conduct of the claim and acts on behalf of your employer....

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garling and co award winning workers compensation lawyers work injury damages

Work injury damages (part 5)

The current rate of compulsory superannuation is 9% on gross loss or 11% on net loss....

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garling and co award winning workers compensation lawyers work injury damages

Work injury damages (part 3)

There are a number of situations where there can be negligence by an employer and also negligence of a non-employer....

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garling and co award winning workers compensation lawyers work injury damages

Work Injury Damages

An employer can be found negligent if they have breached their duty to their employee’s to provide a reasonably safe workplace whilst at work....

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garling and co award winning personal injury lawyers s.74 work capacity decision impairment claims

Can a S.74 notice be considered a “work capacity decision”?

The NSW Workers Compensation Commission recently handed down a decision in a matter of Sabanayagam v St George Bank Ltd (2016) NSWWCCPD3....

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garling and co award winning workers compensation lawyers compensation claim declined

What happens if my workers compensation claim is declined?

If your workers compensation claim is declined, your Lawyer might be able to challenge it. ...

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garling and co award winning personal injury lawyers guide to injury management

An injured workers guide to injury management

Injury management is the planned safe and long term return to work of an injured worker....

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garling and co award winning workers compensation lawyers whole person weekly payments

Weekly payments under the Workers Compensation Act NSW

If as a result of an injury at work you are either unfit for work or not fit for your normal duties, you may be entitled to weekly payments of compensation if you are suffering a loss of earnings....

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garling and co award winning personal injury lawyers permanent impairment claim

Only one claim for Permanent Impairment Compensation

The NSW Court of Appeal on 27 August 2015 handed down a decision in the matter of Cram Fluid Power Pty Limited v Green [2015] NSWCA 250....

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garling and co award winning personal injury lawyers workers compensation guide

Amendments to the Workers Compensation Act

The proposed amendments to the Workers Compensation Acts received formal assent from parliament on Friday 21 August 2015....

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garling and co award winning workers compensation lawyers helping injured workers

10 things you need to know if injured at work

An injury sustained at work can be a stressful time. Recovering from the injury, getting back to work and dealing with the workers compensation insurer is difficult. There are so many unknowns....

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garling and co award winning personal injury lawyers superannuation payments

Is superannuation paid on workers compensation?

Superannuation is a compulsory retirement savings plan in Australia. Workers compensation is a government program that provides financial assistance to injured or ill employees....

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garling and co award winning personal injury lawyers man bullied at work

Workplace bullying – the targets perspective

Are you or someone you know experiencing workplace bullying?...

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garling and co award winning personal injury lawyers work capacity decision

What is a work capacity decision?

The NSW Workers Compensation system determines a worker’s entitlement to weekly payments of compensation....

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garling and co award winning personal injury lawyers role of the gp in workers compensation claims

The role of the GP in the Workers Compensation Scheme in NSW

Following an injury at work the first person you normally see for treatment is your local General Practitioner. This doctor then takes on the role as the "Nominated Treating Doctor" for the purposes of the workers compensation scheme....

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garling and co award winning personal injury lawyers whole person impairment claims

Whole person impairment claims – Updated April 2021

You are only entitled to a lump sum amount of compensation if you obtain an assessment of greater than 10% whole person impairment....

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Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

No Win No Fee

You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

Maximum Compensation

Our team of expert injury lawyers will help you get maximum compensation.

Angie & B.
00:58 18 Sep 24
We cannot recommend Garling and Co. Lawyers highly enough! Our principal solicitor, Matthew Garling, was absolutely outstanding throughout our entire legal journey. He, along with the fantastic team... in the office, especially Allison, provided outstanding support. They were always responsive, willing to listen, and took the time to thoroughly explain the entire process. Thanks to their dedication and expertise, we achieved a brilliant outcome.read more
Yanthi S.
11:22 12 Sep 24
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or told me about the kind of... negotiation in the hearing. I assumed that as a Lawyer she should have an experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Barrister only gave me less than 5 minutes to make decision and pushed me to accept the disappointed outcome and what she said in the hearing totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the future.As I said before I would not hesitate to let my other claim to be handled by a professional as Matthew Garling. I would like to thank him for his time and effort to settle my case smoothly and I trusted him to give me the best outcome. Also I appreciated his support and his patience to answer my questions from the time I signed the agreement up to the day before the mediation. He did not promise the unrealistic outcome but what ever he promised that what the result was according to his experiences. And I would not forget to Alison, Nathan who also have assisted this matters, by gathering all documents and answering my questions.Also my appreciation to a Barrister Mr Dallas Morgan.So, in summary I am really grateful to have Garling and Co as my lawyer to handle my damaged claim.read more
Tina S
07:45 29 Aug 24
Thank you for the great outcome!
Lisa L.
05:18 13 Jul 24
Outstanding service and commitment to my case was delivered from the first point of contact right until the end of my successful case.Highest recommendations to the team at Garling and Co. Matthew... got me an excellent result and was available and informative throughout the entire foreign process of legal proceedings. He was wonderful and so was his team.If i could rate higher than 5 stars i would!read more
J B
07:12 02 Jul 24
Matthew Garling and all of the team were extremely professional and supportive throughout what was a very long and arduous CTP battle. I am happy with the result and feel that their fees were fair... and well deserved.read more
Nelson B.
02:11 30 Jun 24
Professional, prompt & honest service
Ray H.
07:33 13 Jun 24
Matthew Garling and Team are kind, patient, polite, professional, empathetic and efficient. I was treated terribly by the at fault insurer. Garling and Co. had my back. Matthew gently and patiently... kept me up to speed on all the steps to go through. From my personal experience I recommend these guys. They are safe hands. Thank you team.read more
Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
University of Sydney
Legal Profession Admission Board of New South Wales
The law society of nsw professional standards scheme logo.
Google Rating
4.9