Workers Compensation Lawyers

If you have sustained an injury in the course of employment, you must undertake the following steps:

Step 1.    Notify the employer of the injury as soon as possible
Step 2.    Record the injury in the employer’s register of injuries
Step 3.    Obtain a Work Cover Medical Certificate of Capacity from your general practitioner or hospital
Step 4.    Notify the insurer of the injury (get the insurer’s details from your employer who must provide the name when requested)
Step 5.    Ensure that the Work Cover Certificate of Capacity and all Medical bills or expenses are given to the employer and a copy to the insurer

Once the scheme agent/insurer has been notified of an injury, the following will occur:

• The insurer will contact the worker and employer;
• The insurer will review the claim and commence provisional liability payments which must start within 7 days of receiving notification of the injury

If the insurer has a reasonable excuse not to commence provisional liability payments, the insurer must notify the worker within 7 days of receiving the notification of injury.

A claim form is only required if:

• The insurer has a reasonable excuse not to commence provisional liability payments
• Weekly payments exceed the 12-week provisional liability period
• Provisional expenses exceed $7500, and there is not sufficient information to determine ongoing liability
• The injury has been notified, but there is insufficient information to determine liability

A claim for Workers Compensation should be made as soon as possible following an injury or otherwise within 6 months of the injury, accident, or death.

If there is a failure to claim within 6 months and that failure is the result of ignorance, common mistake, or absence from the State, then a claim for workers compensation can still be made.

If the claim is not made within 3 years of the date of injury, accident, or death, then the claim cannot be made unless the injury resulted in the death or serious injury of the worker.

Claiming for workers compensation is quite simple.

If you believe you were injured while at work, then to claim compensation, you need to see your general practitioner and obtain a WorkCover Certificate of Capacity. The form that your doctor completes certifies that you have sustained an injury in the course of your employment, the type of injury, and whether you are unfit or partially fit for work. This certificate needs to submit to your employer. Your employer is then required to forward a copy to the workers compensation insurer to commences your claim.

Once you have provided a copy of the medical certificate to your employer, the insurer will decide within 7 days if they accept your claim. Once the claim has is accepted, the insurer can pay compensation in the form of:

• Weekly payments of compensation for loss of income.
• Payment of all medical expenses.
• Lump sum compensation for permanent impairment.
• Potential claim for damages if the negligence of your employer caused your injury.

If the claim gets declined, they need to provide written notice of the reasons why it has been declined and provide a copy of any documents they rely upon in making that decision. This is called a S.78 Notice.

The simple answer is no. The NSW Government has adopted a legal aid type scheme known as ILARS. This service pays for all legal costs associated with making a worker’s compensation claim. Your lawyer will make an application to ILARS for funding to pay for your legal costs.