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Sydney Workers Compensation Lawyers

Involved in an accident at work? You may be entitled to compensation.

Workers Compensation Lawyers Sydney, NSW

Workers compensation is a statutory scheme set up to protect workers who suffer injury whilst at work.

If you have made a claim for workers compensation and liability for the claim has been denied, you should seek legal advice.  In most situations your legal costs will be paid by WorkCover.  Even if liability has been accepted by the insurer, it is important that you obtain legal advice to properly understand your rights and entitlements.

Beilby Poulden Costello are experts in workers compensation and have provided advice for over 30 years.

Start your online claim check now. Or, if you have a question, get in touch with our team

Workers Compensation Questions

BPC Lawyers, Specialist Personal Injury and Compensation Lawyers Sydney have helped thousands of people successfully claim compensation.

Suffered an injury on your way to or from work? Listen to our podcast about your legal rights here.

You should also contact personal injury lawyers at BPC Lawyers at (02) 8280 6900 to get free legal consultation.

In workplace personal injury, 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 Sydney can explain whether your injury falls under Common Law or WorkCover and help achieve the best outcome you deserve.

Yes, but the law requires that you bring this cause of action within 3 years of its occurrence.

Still, the Court can grant power to extend the time when suing your employer. It traditionally grants such extensions to ensure a fair trial would be conducted.

If you have been injured or become ill due to your work, you may be eligible for workers’ compensation benefits under the Workers Compensation Act 1987 (NSW). Here’s how:

Report the injury or illness to your employer promptly: As soon as possible after an incident or when you become aware of your injury or illness, notify your employer. This can be done verbally or in writing.

Seek Medical Attention: If you require medical care, it is best to see a doctor promptly. Your employer may be able to suggest an appropriate doctor or facility, but ultimately it’s your choice which doctor you see.

Fill Out a Claim Form: You’ll need to complete a Workers Compensation Claim Form and give it to your employer. They should provide you with the form, or alternatively you can obtain it from the State Insurance Regulatory Authority (SIRA) website.

Lodge Your Claim: Your employer must file your claim with their insurer within five days of receiving it. After reviewing all relevant details, they will make a determination and notify you of their findings.

Attend Medical Appointments and Assessments: Your insurer may require you to attend medical appointments with a doctor or specialist to evaluate the extent of your injury or illness.

Benefits Awarded: If your claim is accepted, you could potentially be eligible for benefits such as weekly payments, medical expenses and rehabilitation.

It’s essential to be aware that in New South Wales there are time limits for filing a workers’ compensation claim. You must notify your employer within 30 days and lodge the claim within 6 months from when you were injured or ill. In certain instances, however, you may still be eligible to make a claim outside these parameters.

If you need additional assistance with filing a workers’ compensation claim in New South Wales, consulting with an experienced compensation lawyer is recommended.

What an employer must do if a worker gets injured:

  • Tend to the injured worker immediately;
  • Inform the insurance company as soon as possible (within 48 hours ideally);
  • Cooperate with the insurance company in developing an injury management plan;
  • Execute and monitor a return-to-work plan for the worker who was injured.

Hiring an expert work injury lawyer to assist you in such situations is highly advisable. They can give you legal advice 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 that 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 for your injury.

If you have been injured at work anywhere in New South Wales, it’s likely we may be able to help. Our experienced team of personal injury lawyers can advise you of your rights and entitlements and ensure you get the compensation you deserve.

In New South Wales, the Workers Compensation Act provides financial protection to all workers if 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. If 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 can return to work.
  • The payment of your reasonable and necessary medical bills for treatment you require as a consequence of your workplace 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 workplace 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 workplace injuries are assessed at a certain level.
  • Payment of your legal expenses incurred in claiming compensation.

In New South Wales the Workers Compensation Act provides financial protection to all workers if 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. If the injury results in the death of a worker, then the worker’s dependents shall be entitled to receive this compensation.

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 a result of employment with NSW Ambulance employee
  • You were injured whilst and as a result of employment with NSW Police
  • You were injured whilst and as a 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 with 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 over 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 your condition has become worse since your last assessment, please contact our office to arrange an appointment as soon as possible.

Industry Awards

BPC has been recognised by the Doyles Guide as a leading work injury compensation law firm from 2017 to 2023.

Courtenay Poulden

  • Leading Work Injury Compensation Lawyers (Plaintiff) – NSW 2021 – 2023

Scott Hall-Johnston

  • Preeminent Work Injury Compensation Lawyers (Plaintiff) – NSW 2020 – 2023

Mark Nelson

  • Preeminent Work Injury Compensation Lawyers (Plaintiff) – NSW 2021 – 2023

Tim Driscoll

  • Leading Work Injury Compensation Lawyers (Plaintiff) – NSW 2023
  • Recommended Work Injury Compensation Lawyers (Plaintiff) – NSW 2018 – 2022