What is a workplace accident? Advice from a workers compensation lawyer

Injuries and Claims 

Everyone has the right to be safe within their workplace, and the right to compensation if that safety is compromised and they are injured at work. Worker’s compensation covers workplace accidents and ensures that you are protected if you suffer an injury at work.

So, what is the most common workplace accident, injury and claim, and how can you seek help or remuneration?

What kind of workplace accidents are covered by workers’ compensation?

The most common injuries covered under workers’ compensation include; lifting, bending, twisting or manual handling of goods. However, all workplace injuries are different, and not all happen at an instant. Many workers become injured after a prolonged period of repeated action, required by their daily workflows and duties. This can include both physical and psychological injuries.

So, what are my rights if I get injured or hurt at work or on the job?

If you think you’ve been injured at work, you might be entitled to receive benefits under the WorkCover scheme. This can cover things like, medical treatment, weekly payments of compensation if you are unable to function at work and do your duties given the injury, and in some circumstances (depending on the situation), lump sum compensation.

If you have an accepted WorkCover claim, your employer is required to provide alterations to your existing duties, if possible, for a period of at least 52 weeks.

When should I get a lawyer for workers’ compensation?

We consider legal advice important prior to the lodging of any claim, so getting it early is important. If you’ve been injured on the job, we recommend contacting us. However, there are strict timelines to access certain types of compensation, obtaining timely legal advice is also advisable and it is free.

Can I claim workers’ compensation for negligence? 

Each claim differs injury to injury, we recommend seeking legal advice early in order to maximise compensation and make sure everything goes smoothly. However, in order to be entitled to sue your boss, employer or third-party as being negligent under the workers’ compensation scheme, you must first establish that you have suffered a serious injury.

Whether or not you’ve suffered from a serious injury, an assessment is required. This assessment includes outlining the treatments that you’ve undergone, future treatments, the impact that it has had on your abilities to work or perform general day to day activities and obtaining a “Whole Person Impairment” WPI.

What are the most common workplace or injuries on the job?

It really depends, and varies industry to industry. However in saying this, the most common injuries are musculoskeletal injuries – that is, injuries to muscles, bones, ligaments and tendons. Ninety percent of these injuries would require a worker/employee to take a minimum of one week off.

Other common injuries refer directly to diseases, these include mental health and respiratory conditions such as silicosis and occupational lung cancer.

What makes me eligible for work injury damages (NSW)?

“If you have a work related injury which resulted from your employer’s negligence, there are certain circumstances in which you may sue for modified common law damages. These are known as ‘work injury damages’.”

To claim work injury damages, the following criteria must be met:

  • The work injury must be the result of employer negligence.
  • You must have at least 15 percent permanent impairment (assessed by a permanent impairment assessor with qualifications, training and experience relevant to the body system being assessed), and this assessment has been accepted by the insurer or determined by the Personal Injury Commission.
  • You have received all statutory lump sum entitlements for permanent impairment to which you are entitled. This must take place before a work injury damages claim can be settled.

Some work injury damages claims may result in court proceedings. Court proceedings for work injury damages must begin within three years of the injury date, however extensions of time can be obtained in certain circumstances.

What other types of compensation claims are there? 

  • Workers Compensation claims
  • Motor Accident injury claims
  • Public Liability claims

Contact Boitano Lawyers today – if you’d like to discuss claiming workers compensation and see if it is possible. We have the finest lawyers in Parramatta offering the best assistance to our clients. Our solicitors are devoted to offering professional advice, legal solutions and most importantly, peace of mind.