All employees in New South Wales are covered by workers compensation insurance in the event of an injury which occurs during the course of their employment.

This coverage extends to simple workplace injuries, journeys to and from work, during certain breaks and rest periods from work and pre-existing conditions aggravated by work.

Beilby Poulden Costello endeavour to obtain favourable outcomes and to protect the rights of Sydney’s injured workers.

Workplace personal injury claims can arise from a number of scenarios:

  • Falling from a ladder or scaffolding
  • Asbestos exposure
  • Neck or back injury from heavy lifting

Strict time limits apply so seeking prompt legal advice will help with faster claim processing and is in your best interests. Our team of experienced workers compensation lawyers can explain whether your injury falls under Common Law or WorkCover and help achieve the best outcome you deserve.

After my accident the claims process was overwhelming. The insurer was difficult to deal with and I didn’t know who to trust. They offered me peanuts for my claim. I was lucky to find you. Thank you for all the help, you were honest and upfront from the start and the result was superb. All the very best to you and your staff.
Marni, Narellan Vale

If your accident does fall under WorkCover, a workplace injury lawyer will help fill out your application for workers compensation accurately and best describe your injury and circumstances.

An expert workers compensation lawyer will also advise whether you have a workplace personal injury claim, even though your injury did not happen during work hours. This could include spraining your ankle boarding a train to work, or being involved in a car accident going home from work.

Medical advice and medical evidence is paramount when faced with a workplace personal injury.

An expert workplace injury lawyer will help advise you on:

  • Gathering medical records and relevant evidence
  • Refuting the claims of any independent doctors from WorkCover
  • Whether you have the right to seek additional medical opinions to help support your claim
  • Who is liable to pay for the medical reports and bills; including any union assistance

If you have suffered a work-related accident, don’t be afraid you will be fired. It is actually within your employer’s best interests to keep you employed and to comply with the accident compensation claim. So speak to an expert workers compensation lawyer at Beilby Poulden Costello early, to help clarify your rights and your employer’s legal obligations to compensate your injury.

If your accident occurs due to the fault of your employer or some third party you may have a right to bring a common law claim for damages. This type of claim may be far more substantial than your WorkCover claim. Our experienced team of personal injury lawyers can advise you of your rights and entitlements and ensure you get the compensation you deserve.

Are you covered and what are you entitled to?

In New South Wales the Workers Compensation Act provides financial protection to all workers in the event that they are injured or killed at work or suffer a work related disease.

The act states that a worker, who has received an injury at work, shall receive compensation from the worker’s employer. In the event that the injury results in the death of a worker, then the worker’s dependents shall be entitled to receive this compensation.

If you are injured at work you will be entitled to receive workers compensation which includes:

  • The payment of weekly compensation benefits until you are able to return to work.
  • The payment of your reasonable and necessary medical bills for treatment you require as a consequence of your work place injury including physiotherapy.
  • The payment of any costs associated with your rehabilitation to enable you to return to work including retraining if you are no longer able to continue doing the same work as a result of your work place injury.
  • Lump sum payments of compensation if you have suffered a permanent impairment of a certain level.
  • Lump sum payments of compensation for pain and suffering if your work place injuries are assessed at a certain level.
  • Payment of your legal expenses incurred in making a claim for compensation.

WorkCover Insurance

The Workers Compensation Act makes it compulsory for employers to have a workers compensation policy if they pay more than $7500 in wages per annum, employ an apprentice or trainee, or are part of a group for premium purposes.

These policies of insurance are called “WorkCover Insurance”.

WorkCover NSW is part of the Compensation Authorities Staff Division. The Division was formed as an administer for work health and safety, injury management, return to work and workers compensation laws and manage the workers compensation system.

The aim of WorkCover Insurance is to ensure that all workers will receive their statutory entitlements to workers compensation if they suffer a workplace injury, regardless of the financial status of their employer. Employers pay a premium each year for their WorkCover insurance depending on the number of employees they employ and various other factors.

Workers Compensation Changes in New South Wales

The NSW Workers Compensation scheme has recently undergone some radical changes.

These changes have/will apply to ALL workers regardless of when their injury occurred UNLESS

– You were injured whilst and as result of employment with NSW Ambulance employee
– You were injured whilst and as result of employment with NSW Police
– You were injured whilst and as result of employment with NSW Fire Brigade
– Your claim is covered by a ComCare System or another state scheme.

The Old System
Generally, the old System provided all workers the following ongoing rights:
– Payment for all medical expenses properly incurred because of a work related injury,
– Payments (capped) for time off work due to work related injury, and
– Payment for permanent impairment suffered because of a work related injury including a sum for pain and suffering between $0.00 and $50,000.

New Restrictions
For most workers, the new system provides for many restrictions which must be considered.

Medical Expenses
Payment of medical expenses is limited in two very limited respects.

Firstly, pre-approval is required from the insurer before they are liable for the medical expense

Secondly, you can only recover medical expenses up to 12 months from your last receipt of weekly wage compensation benefits.

Hearing Loss Claims
As most workers who are suffering a hearing loss don’t have much time off due to their injury, coverage for medical expenses only lasts for 12 months from the claim being made.

This is a significant reduction in medical expenses, especially as most workers require new hearing aids etc. past 12 months.

You should therefore ensure that you obtain all the treatment you can within 12 months of your claim being made.

Weekly wage compensation
For most workers, such benefits have increased in the amount per week (cap) but decreased the duration of the entitlement to such benefits.
For most workers, this benefit will be limited to a period of 1 to 260 weeks.

If a person is seriously injured and receives an assessment of or in excess of 21% Whole Person Impairment, those benefits may extend from 261 to entitlement to the aged pension.

Permanent Impairment Benefits
One and One claim only can be made.

If your condition gets worse – you are unable to claim a ‘top up’.

Further, compensation for pain and suffering is no more.

You must have an 11% WPI or greater rating/assessment before you’re entitled to any permanent impairment compensation.

Seriously injured – the exception
If you have a 31% WPI or greater then, your entitlements to weekly wage compensation and payment of medical expenses will continue similar to before.

What should I do?
If you made a claim for compensation before 18 June 2012 and have not yet received permanent impairment benefits or feel you condition has become worse since you last assessment, please contact our office to arrange an appointment as soon as possible.

How To Make A WorkCover Compensation Claim

The workers compensation system is run by the WorkCover Authority of NSW.  WorkCover NSW is a statutory authority within the Minister for Commerce’s portfolio. The primary objective is to work in partnership with the New South Wales community to achieve safe workplaces, effective return to work and security for injured workers.

Find out more about your eligibility to make a claim, claim application steps and all relevant information by reading our full workers’ compensation claims guide.

Workers' Injury Management Guide

Injury management is the prompt, safe and long term return to work of an injured worker. It attempts to include the treatment of your injury, rehabilitation back to work, retraining into a new skill or new job and liaison with your employer.

Everyone involved in your claim is required to cooperate and participate in injury management including the insurance company, employer, yourself and your treating doctor. Both you and your employer have responsibilities and rights in relation to injury management. Find out more by reading our complete guide to injury management.

Can I Sue Employer?

The New South Wales Worker’s Compensation Scheme is a State Government funded scheme.

As a trade-off to having to prove fault, the scheme gives employees the right to compensation for injuries suffered caused by their work.

Am I eligible to sue?

An injured worker can still bring proceedings against its employer for their loss of wage/earning capacity in negligence, breach of a statutory duty or contract if the following can be established:

  1. That your injures suffered as a result of your employment have caused you a 15 % Whole Person Impairment or greater;
  2. That your injures were suffered because of your employers negligence;
  3. You have suffered some form of economic loss that is a loss of wages and or diminution of your earning capacity.

Explore more about what suing your employer will compass and gain additional insights by reading a past workers’ compensation case.

BPC have helped thousands claim compensation.
We Can Help You Too.

We don’t promise the world only to send your case off to a junior lawyer. Your case will be personally managed by a partner of the firm, who will guide you through every step on the road to successful compensation.