Workers Compensation Lawyers Sydney ? Frequently Asked Questions: Part 1

Posted by Mitchll Johnson on July 21st, 2016

AM Legal Compensation Lawyers was borne out of a desire to provide honest, timely and accurate advice & compensation claims assistance. AM Legal Compensation Lawyers provide compensation services in motor vehicle personal injury claim, occupier’s liability claims, public liability claims, TPD claims Sydney, dust disease and asbestos claims.

Who can make a workers compensation claim in NSW?

The workers compensation legislation says that compensation is only payable in respect of employment connected with NSW. It says that a worker’s employment is connected with a) the state in which s/he usually works; b) if one can’t identify a state under a) then the state in which the worker is usually based for the purpose of employment; c) if a) and b) do not apply, the state in which the employer’s usual place of business is. If these facts do not exist, employment is connected with NSW if an injury occurred here and there is no other jurisdiction that the injured worker can make a claim in.

Can a claim for damages be made against an employer / worker’s compensation insurer?

A “work injury damages claim” can be made provided the injured worker can establish that s/he has a whole person impairment of at least 15% and the injury resulted from the negligence of the employer. Procedurally, the injured worker must claim and recover statutory lump sum compensation for non-economic loss (lump sum compensation for permanent injury) first.

The worker must then notify the work injury damages claim to the employer and insurer, await determination of that claim, file a pre-filing statement, await receipt of the pre-filing defence and then refer the matter for mediation in the Workers Compensation Commission. There are deadlines for each of these steps. Should the work injury damages claim fail to settle at mediation the claim can then be filed in court.

For further advice on workcover claims Sydney, NSW, please contact Antony, Principal at AM Legal Compensation lawyers.

When does an injured worker have to make a claim?

A claim must be made within six months. In any event, it is not a bar to a claim for compensation if the failure was occasioned by ignorance, mistake or absence from the state and a claim is made within three years of the injury or death or the claim is not made within that time but involves death or serious and permanent disablement. It is also not a bar to a claim for compensation if:

* The insurer accepts the claim outside of three year period;

* The claimant thinks the injury occurs after it actually occurred (the time runs from the date s/he first became aware of injury);

*In the event that there is a delay between the date of death in a death claim and the date the claimant in that claim (dependant family member) learned of the death, the latter is deemed to be the date of injury;

* If there are two or more responsible employers, the claim is deemed to have been made when it was made on either of them.

When particulars are entered in the employer’s register of injuries, that constitutes the making of claim.

Antony is principal at AM Legal Workers Compensation Lawyers Sydney. Antony is a highly regarded compensation claims Sydney lawyer and has the expertise and knowledge to get you the best possible results.

This publication is not legal advice.  It is intended as a source of information only.

No reader should act on any matter without first obtaining professional advice.