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Workers Compensation Lawyers

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

Workers Compensation Lawyers

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 leading workers compensation lawyers and have provided advice to injured workers in NSW 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

Our Workers Compensation Lawyers have helped thousands of people injured in work accidents across New South Wales 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.

Talk to our Workers Compensation Lawyers today.

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.  Talk to our workers compensation lawyers today.

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, talk to our Workers Compensation Lawyers today.

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.

Talk to our Workers Compensation Lawyers today.

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.

Talk to our Workers Compensation Lawyers today.

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.

Talk to our Workers Compensation Lawyers today.

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.

Talk to our Workers Compensation Lawyers today.

Making a workers compensation claim in New South Wales (NSW) involves several critical steps to ensure you receive the benefits you are entitled to. The process can be complex, but understanding each step will help streamline your claim and increase your chances of success. Here is a comprehensive guide from experienced workers compensation lawyers to assist you:

Report the Injury: Immediately report your injury or illness to your employer. This should be done as soon as possible after the incident occurs. Prompt reporting helps to establish the connection between your injury and your employment, which is crucial for your claim.

Seek Medical Treatment: Visit a medical professional to assess your injury or illness. Ensure you inform them that your condition is work-related. The doctor will provide you with a WorkCover Certificate of Capacity, which outlines your injury, treatment plan, and work capacity.

Notify Your Employer in Writing: Provide your employer with written notice of your injury. This can be done using the WorkCover Certificate of Capacity or another written document detailing the incident and its impact on your health.

Complete a Claim Form: Fill out a workers compensation claim form, which you can obtain from your employer, their insurance company, or the State Insurance Regulatory Authority (SIRA) website. Include all necessary information and attach your WorkCover Certificate of Capacity.

Submit the Claim Form: Submit the completed claim form to your employer or their insurance company. It is essential to keep copies of all documents for your records.

Insurer’s Decision: The insurer will assess your claim and make a determination. They may request additional information or conduct an independent medical examination. You should receive a decision within 21 days of submitting your claim.

Dispute Resolution: If your claim is denied or you disagree with the insurer’s decision, you have the right to dispute it. This can be done through the Workers Compensation Independent Review Office (WIRO) or by seeking legal advice from workers compensation lawyers.

Navigating the workers compensation claim process can be challenging. Engaging the services of experienced workers compensation lawyers in Sydney can provide valuable assistance, ensuring all procedures are followed correctly and your rights are protected.

Talk to our Workers Compensation Lawyers today.

Understanding the time limits for lodging a workers compensation claim in New South Wales (NSW) is crucial to ensure you do not miss out on your entitlements. Our Workers compensation lawyers stress the importance of adhering to these deadlines to avoid complications in your claim process.

Reporting the Injury: You must report your work-related injury or illness to your employer as soon as possible. Ideally, this should be done within 30 days of becoming aware of the injury. Prompt reporting helps to establish the link between your employment and the injury.

Lodging the Claim: While there is no strict deadline for lodging a workers compensation claim in NSW, it is advisable to submit your claim as soon as possible after the injury occurs. Early lodgment helps ensure you receive timely medical treatment and compensation benefits.

Six-Month Limit: Generally, you should lodge your workers compensation claim within six months of the date of injury or the onset of the illness. However, exceptions can be made if you were unaware of the injury’s seriousness, if the injury caused death, or if there is a valid reason for the delay, such as being misinformed about your rights.

Extension of Time: In certain circumstances, the time limit for lodging a claim can be extended. For instance, if you were incapacitated and unable to submit the claim within six months, or if your injury is a latent condition (one that develops over time), you may still be able to lodge a claim. Workers compensation lawyers can provide advice and assistance in these situations.

Permanent Impairment Claims: If you wish to make a claim for permanent impairment, there is a separate time limit. You must lodge this claim within two years of the date you receive compensation payments for the injury. This period can be extended in some cases, such as if you were not initially aware of the permanent impairment.

Failing to meet these deadlines can jeopardize your right to compensation. Consulting with workers compensation lawyers can ensure that you meet all necessary time limits and avoid potential pitfalls in your claim.

Talk to our Workers Compensation Lawyers today.

Navigating the workers compensation system in NSW is complex. Getting help from experienced workers compensation lawyers is crucial to protect your rights and ensure you receive the full benefits you are entitled to. Here are key reasons why seeking legal advice from workers compensation lawyers is essential:

Understanding Your Rights: Workers compensation lawyers have a deep understanding of the legislation and regulations governing workers compensation in NSW. They can clearly explain your rights and entitlements, ensuring you are fully informed throughout the process.

Expert Guidance: The workers compensation claim process involves multiple steps, including reporting the injury, obtaining medical certificates, completing claim forms, and negotiating with insurers. Legal professionals can provide expert guidance at each stage, helping you navigate the system efficiently and effectively.

Maximizing Compensation: An experienced lawyer can help you secure the maximum compensation available for your injury. This includes ensuring all relevant medical evidence is gathered, accurately calculating your entitlements, and advocating on your behalf during negotiations with the insurance company.

Dispute Resolution: If your claim is denied or you disagree with the insurer’s decision, a lawyer can represent you in dispute resolution processes. This includes lodging complaints with the Workers Compensation Independent Review Office (WIRO) or pursuing your case through the Workers Compensation Commission. Having legal representation significantly increases your chances of a favorable outcome.

Complex Cases: Some workers compensation cases involve complex issues, such as pre-existing conditions, disputes over the extent of the injury, or allegations of non-compliance with safety procedures. Workers compensation lawyers have the expertise to handle these complexities, ensuring your case is presented effectively.

Reducing Stress: Dealing with an injury and the associated financial and emotional stress can be overwhelming. Engaging a lawyer allows you to focus on your recovery while they handle the legal aspects of your claim. This can provide peace of mind, knowing that your case is in capable hands.

No Win, No Fee: At BPC Law, our workers compensation lawyers operate on a no win, no fee basis, meaning you only pay legal fees if your claim is successful. This arrangement provides access to legal representation without upfront costs, making it easier to seek the help you need.

In conclusion, seeking legal advice from experienced workers compensation lawyers ensures that your rights are protected, your claim is handled efficiently, and you receive the compensation you deserve. Their expertise and support can make a significant difference in the outcome of your case.

Talk to our Workers Compensation Lawyers today.

Our Workers Compensation Lawyers

Find out more about our team of experienced workers compensation lawyers.

Courtenay Poulden
Partner
Personal Injury Law Specialist
Sydney
(02) 8280 6900
Scott Hall-Johnston
Partner
Personal Injury Law Specialist
Sydney
(02) 8280 6900
Mark Nelson
Partner
Personal Injury Law Specialist
Sydney
(02) 8280 6900
Kate Henderson
Partner
Personal Injury Law Specialist
Sydney
(02) 8280 6900
Tim Driscoll
Tim Driscoll
Associate
Sydney
(02) 8280 6900
Nida Warraich
Nida Warraich
Solicitor
Sydney
(02) 8280 6900
David Pink
Solicitor
Sydney
(02) 8280 6900
Olivia Hall
Paralegal
Sydney
(02) 8280 6900
Tania Jashnany - Paralegal at BPC Lawyers
Tania Jashnany
Paralegal
Sydney
(02) 8280 6900
Izabelle Lac - Paralagel
Izabelle Lac
Paralegal
Sydney
(02) 8280 6900
Jack Robson - Paralegal at BPC Lawyers
Jack Robson
Paralegal
Sydney
(02) 8280 6900

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