If you’ve been injured at work, Foye Legal can help you understand your options and secure the compensation you’re entitled to. Workers compensation operates on a no-fault system, but it’s crucial to have your rights and entitlements fully explored by a specialist lawyer.
The workers compensation scheme provides benefits to people who are injured at work and find themselves with little or no capacity to work or in need of medical treatment.
Legal assistance for workers compensation claims is fully funded by a state government body, the Independent Review Office (‘IRO’) and as such, getting legal help for your claim is free.
Significant changes to the workers compensation laws take place frequently and it is important that you seek up to date specialist advice to be aware of your rights and entitlements as these changes take effect.
Workers Compensation is a no-fault scheme. This means that a worker is generally entitled to benefits if they have suffered an injury and that injury occurred at work. Compensation is available for a wide range of physical or psychiatric injuries, disease and illnesses.
The level and type of compensation available to a worker will depend on their capacity for work and their Whole Person Impairment (‘WPI’). WPI is determined by independent medical examiners who apply complex medical guidelines to each worker’s unique circumstance to determine how severely they are impacted by their injury.
Under the Workers Compensation Act 1987 (NSW), employees are entitled to weekly payments based on their pre-injury average earnings (‘PIAWE’) for various periods in which they are unfit for work. The percentage of PIAWE paid depends on when those payments are claimed. For the first 13 weeks after a worker is deemed unfit for work, they will be entitled to 95% of PIAWE, this entitlement generally decreases to 80% at the 14-week mark. A worker’s entitlement to weekly payments will only continue after 130 weeks if the worker is assessed as having a level of incapacity to work that is likely to continue indefinitely.
As a worker gradually increases their ability to work or actually works, their entitlement to weekly compensation will vary. Weekly payments are generally limited to a maximum of five years unless a worker is assessed as having a whole person impairment higher than 20%.
Workers are entitled to payment of reasonable and necessary medical expenses for up to two years after they last receive weekly compensation, although this can increase depending on the severity of impairment.
Lump sum compensation is a statutory entitlement which increases based on the level of whole person impairment a worker has as a result of their injury. A lump sum compensation claim can be made for a physical injury if the whole person impairment is above 10% and a claim can be made for a psychiatric injury if the impairment is at least 15%.
Unfortunately, workers compensation insurers can decline liability for payment of your statutory entitlements for a variety of reasons. If this happens, Foye Legal can assess your unique circumstance and determine what evidence is required to have the insurer overturn their decision.
Oftentimes, this means arranging an assessment with one of the many independent medical examiners who we have extensive experience with and who we trust to make an accurate medical assessment of your workplace injury.
Once evidence has been obtained and served on the insurer, they have 14 days to advise whether they will be overturning their decision. If they maintain a declinature, we can seek your instructions to commence proceedings in the Personal Injury Commission and if necessary, take the matter to a Hearing or request a final, binding medical assessment.
Work Injury Damages claims are a claim for damages where there has been negligence. These claims are separate to the statutory workers compensation scheme, have different requirements and confer different benefits. A work injury damages claim can only be pursued once a workers compensation claim has been made and resolved.
A work injury damages claim can be made if a worker is injured at work, the injury is caused by the negligence of their employer, and they have a whole person impairment of at least 15%.
If a work injury damages claim is successful, the worker could be entitled to compensation for past and future loss of earnings including superannuation.
It is important to note that making a work injury damages claim brings workers compensation entitlements to an end and as such, it is important to obtain specialist legal advice about what avenue is best suited for your needs.
When you’re down, you need the right people on your side to help you stand back up. If you’re claiming compensation for an injury, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
Seeking legal assistance early gives you control over your situation, helping you avoid complications and manage costs effectively. This guide provides practical tips, checklists, and key insights to help you confidently navigate legal processes to secure the best possible outcome.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
If an injury has occurred at work, you should notify your employer as soon as possible so that the incident can be recorded.
If you require time off work, make an appointment with your General Practitioner and request that they fill out a ‘Certificate of Capacity’ with the details of your injury, what treatment you require and how long they estimate you will be unfit for work.
You should then fill out a workers compensation claim form (this can be found on the State Insurance Regulatory Authority website or obtained from your employer).
Once you have your certificate of capacity and your filled-out claim form, provide them to your employer and confirm that you are making a claim for workers’ compensation.
A claim should be made as soon as possible and made within six months after the date of injury. If certain circumstances apply, you may still be able to pursue your claim outside of this period.
During the first 13 weeks of incapacity, you are entitled to be paid 95% of your pre-injury average weekly earnings. From 14 weeks to 2.5 years you are entitled to be paid 95% of your pre-injury average weekly earnings by the insurer if you are working at least 15 hours per week and you are entitled to be paid 80% of your pre-injury average weekly earnings by the insurer if you have no capacity for work or if you are not working at least 15 hours per week. You are only entitled to ongoing payments from the workers’ compensation insurer after 2.5 years in limited circumstances.
If your degree of whole person permanent impairment is 10% or less whole person impairment, your entitlement to medical and treatment expenses will cease 2 years from the last date weekly compensation payments were payable to you. If your injury has resulted in between 11%-20% whole person impairment, you are entitled to a period of 5 years. If your level of whole person impairment is 21% or greater, you are entitled to have your expenses covered for life.
You are entitled to lump sum compensation if you are assessed as having greater than 10% whole person impairment. The assessment of whole person impairment must be made by a specialist doctor who has trained and is accredited by the State Insurance Regulatory Authority.
The amount of compensation payable is dependent on the severity of your impairment with a set amount of compensation payable for each percentage loss. You are only entitled to make one claim for lump sum compensation in respect of the permanent impairment that results from an injury and it is important you seek specialist legal advice before investigating your potential claim.
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3/1 MEMORIAL DRIVE SHELLHARBOUR CITY NSW 2529
LEVEL 3, 63 MARKET STREET WOLLONGONG NSW 2500
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