In Australia, workers compensation covers the entire workforce if they get injured or fall sick at the workplace or as a part of their work. So, if you get injured at another workplace or worksite, as long as the injury occurred while performing your employment duties, you will still be eligible to receive compensation.
Workers compensation includes payments for income loss, medical bills, rehabilitation costs, pain and suffering and many other types of physical, psychological and financial losses connected to the injury. But to get these benefits, you must lodge a workers compensation claim in your state.
Your claim may get rejected if you miss out on any important details. At Wyatts, we have a team of experienced workers compensation lawyers ready to take your case and get you maximum compensation.
Am I Eligible for Workers Compensation in NSW?
You may be eligible to make a workers compensation claim in NSW if:
- You are classified as a worker under NSW workers compensation laws.
- You were injured at work or developed an illness because of your job.
- Your employment played a significant role in causing your condition.
If you’re not sure about your eligibility, our experienced workers compensation lawyers will assess your situation, understand the details of your work-related injury and guide you towards the best compensation options available.
Understanding Workplace Injuries
A workplace injury is any injury sustained while performing tasks that benefit your employer. This can include accidents that happen at work, such as slipping in the break room during lunch, as you are still on site and working. Injuries in physical areas like the car park or communal spaces are generally covered, as well as those occurring off-site for work-related reasons, such as visiting a client or making a delivery.
But injuries sustained while commuting to a fixed worksite (e.g. driving to your office) are not covered. If you’re driving a company vehicle for work and are involved in an accident, you may be eligible for compensation.
I Had an Accident at Work But it Was My Fault – Am I Eligible for Workers Comp?
Even if the injury was due to your mistake (e.g., slipping or lifting incorrectly), you can still claim workers compensation under Australia’s no-fault system. The fault of the incident does not affect your eligibility.
Contact Wyatts work injury lawyers for a free case evaluation and guidance on your rights and entitlements.
What Should I Do If I Am Injured at Another Workplace or Worksite?
If you’re injured at another workplace or worksite while performing work duties, here’s what you should do:
Step 1: Seek Immediate Medical Attention
Your health and safety are the top priority. Get medical help right away, even if the injury seems minor.
Step 2: Report the Injury
Notify your employer and the employer at the other worksite about the injury as soon as possible. Give them details of how the injury happened. Once you’ve informed them, they are now required to notify their insurance provider within 48 hours of the incident.
Step 3: Consult a Doctor for Injury Assessment
The next step is to see a doctor for a full assessment of your injuries. This will not only help you understand the full extent of your condition and how to manage it, but also creates an official record of the injuries sustained and a timeline for recovery.
To lodge a workers compensation claim, you’ll need a NSW Workers Compensation Certificate of Capacity from the doctor. This should include:
- A diagnosis and its connection to your work
- Required medical treatments
- Your ability to work, including what tasks you can do and to what extent
- Whether a referral to a workplace rehabilitation provider is needed
- Any delays in your recovery process
- Information on any prior related injuries
- An estimated date for returning to work
Step 4: Document Everything
In addition to the doctor’s report, it’s important to keep a record of everything related to your injury. While the details may seem clear now, it’s easy for things to become hazy later on. Keeping a written record of events can be very valuable as your case progresses.
Document everything — from the exact time of the incident to any communication with your employer about the event. Include any relevant information, such as whether a potential hazard was flagged to your employer and no action was taken to prevent injury.
Store this record in a safe place. For extra security, consider emailing the record to yourself; this will give you a time-stamped copy. You never know when these details may be important.
Step 5: See a Workers Compensation Lawyer
If you’re unsure about your claim, it’s a good idea to get professional advice. Insurance companies will try to minimise the payout, but that doesn’t mean you have to settle for less than you’re entitled to. A workers compensation lawyer can help you understand your full entitlements and whether you qualify for compensation.
Although doing it yourself may seem the easiest option, having a specialist personal injury lawyer by your side increases your chances of getting all the benefits you’re entitled to, including potential lump sum compensation you may not have known you could claim.
Contact Wyatts work injury lawyers today to get a free case evaluation.
Can I Claim Workers Compensation for a Psychological Injury?
Psychological injuries at work, such as depression, anxiety or post-traumatic stress disorder (PTSD), can be just as debilitating as physical injuries but are often harder to prove. These injuries can arise from direct causes like workplace bullying, harassment, job insecurity or long hours.
In some cases, psychological conditions may develop as a result of a physical injury, making the process of lodging a claim more complex. But with the right legal advice, you can build a strong case for compensation.
How Much Can You Claim for a Work-Related Injury?
While compensation can’t heal all injuries, it can help ease financial strain by covering lost wages and medical expenses. The amount you can claim depends on your level of Whole Person Impairment (WPI).
If your impairment is 11% or higher, the compensation can range from tens of thousands to hundreds of thousands of dollars, depending on the severity of the injury.
Based on the permanent impairment rating, settlements are generally calculated as follows (updated November 2024; extracted SIRA workers compensation benefits guide):
| Degree of Permanent Impairment | Compensation Range |
|---|---|
| 0 – 10% | $0 |
| 11% – 20% | $22,480 – $62,770 |
| 21% – 30% | $51,880 – $100,470 |
| 31% – 40% | $83,040 – $162,450 |
| 41% – 50% | $131,440 – $224,550 |
| 51% – 60% | $242,010 – $396,570 |
| 61% – 70% | $376,030 – $568,550 |
| 71% – 74% | $510,040 – $654,540 |
| 75% – 100% | $577,050 – $740,550 |
Additionally, if the injury was caused by your employer’s negligence, you may be entitled to extra compensation, known as work injury damages.
What If I Get Injured While Working from Home?
The rise of remote work during the pandemic has proven to be beneficial for many, offering perks like reduced commuting time, flexible hours, and the comfort of staying cosy at home. Even when working from home, you’re still covered by workers compensation if you sustain an injury during work hours.
If you’re injured while working from home, the process remains the same as if you were in the office. Notify your employer, seek medical treatment, see a doctor for an assessment, document your injuries and related events, and seek advice from a workers compensation lawyer. This ensures you’re fully aware of your entitlements and can access the compensation you’re owed.
Need further assistance? Contact Wyatts’ experienced workers compensation lawyers on 1800 773 880 or submit an enquiry today to get started!
