Workers Compensation Lawyers

You can claim Workers Compensation if you are a full-time, part-time or casual employee, or a contractor.

Accidents while traveling for work. Not only are you entitled to claim Workers Compensation if your accident occurred at your workplace, but you can make a claim if an incident happened while you were travelling for work – as a driver or passenger of a motor vehicle, a pedestrian, or while on public transport.

If you are injured in a motor vehicle accident while commuting between work and home, you may be able to claim compensation under the Compulsory Third Party (CTP) Scheme.  In this case, Wyatts Compensation Lawyers can assist you in making a CTP compensation claim.

Family members and dependants. In the tragic case that a worker dies as a result of a workplace accident, family members or dependants can claim funeral expenses and other costs associated with the loss of their loved one. Ongoing financial support for dependent children can also be claimed. If you have lost a loved one to a workplace accident, submitting a Workers Compensation claim will feel overwhelming. Our lawyers understand your distress and are here to help you – with attentive care, kindness and compassion – as you take this step towards easing your burden.

Coal Miners Compensation. If you were injured in or around a coal mine, you may have particular rights that allow you to receive increased benefits. It is a specialist area of compensation law and there are strict time limits for making a claim. Therefore, it is vital to seek legal advice as soon as possible, so that you can ensure you are receiving your full entitlement.

Workers Compensation covers you against both physical and psychological injury, including:

• Injury or illness that requires immediate medical treatment
• Head and spinal injuries
• Burns and lacerations
• Mental illness arising from stress and trauma
• Toxic chemical and asbestos exposure
• Hearing loss
• Other forms of chronic work-related illness

Workers Compensation also provides financial support to family members and dependents in the tragic case that a person dies from their work-related injuries or illness.

Workers Compensation can assist you by providing:

• Weekly payments that cover lost income regardless of whether or not you are continuing to work
• Funds to replace property (e.g. false teeth, artificial limbs, crutches, glasses & clothing)
• Lump sum payments for permanent physical or psychological impairment
• Payments for medical expenses, including hospital treatment and ambulance services, physiotherapists, psychologists, other allied health professionals, artificial aids, medications, domestic help, modifications to your home or vehicle, workplace rehabilitation and travel expenses involved in seeking treatment
• Financial assistance to help you return to work, e.g. education and training, transport, childcare and clothing
• Funeral expenses and support for dependants

If you have sustained an injury that resulted in permanent impairment, you can take legal action against your employer – but only in the case that your injury was a result of their negligence. In a successful case, you will receive Work Injury Damages: a lump sum that compensates you for the injury and loss suffered. There are important eligibility criteria that you must meet before you can claim work injury damages. Wyatts Compensation Lawyers can determine if you meet these criteria and if you are eligible, our specialised team can assist you in pursuing legal action against your employer.

The compensation you are entitled to depends on a number of factors, including:

• The extent of your injuries
• The costs associated with your medical treatment and recovery
• Your immediate and future loss of income
• Your pre-injury income

In NSW, employers are required to adhere to regulations and guidelines set by the state’s workplace health and safety regulator, SafeWork NSW. In addition, most employers are required to have a Workers Compensation insurance policy to cover costs incurred when a worker is injured. The Workers Compensation system is regulated by the State Insurance Regulatory Authority (SIRA).

Under the guidance of these government agencies, employers have an obligation to ensure the safety of their workers. They must provide:

• Up-to-date occupational health and safety (OH&S) policies and procedures
• Appropriate workplace training
• A safe working environment
• Proper maintenance of equipment
• An appropriate response when accidents do happen

Despite the requirements placed on employers to protect their staff, accidents do happen. In some instances, an employer may not have been aware of the risks imposed on their employees. In other instances, they may have been negligent in ensuring their duty-of-care.

Either way, after an accident, your employer is required to provide appropriate first aid and to ensure that you receive necessary medical care. They must notify their Workers Compensation insurer within 48 hours and record details of the incident. Importantly, your employer must take appropriate steps to help you get back to work.

Regardless of whether or not your employer adhered to work-safety practices, you are entitled to claim compensation to cover the immediate and future costs incurred as a result of your accident.

Workers Compensation can be claimed within six months of your accident or injury. However, there are certain circumstances in which you can submit a claim after this six-month period. For instance, an extension to this period can be applied if you were unaware of the injury at the time of the incident, you were residing outside NSW for the six-months after the accident, or the injury resulted in serious and enduring impairment.