Workers Compensation Claims in New South Wales (NSW)

If you’ve suffered a work-related injury, illness or disease, everything can change in an instant. Our lawyers at Barwick Boitano Lawyers can assist you in understanding your rights, and access your full entitlements to get your life back in order.

What makes me eligible for workers compensation?

All employers or companies in NSW are required to have compulsory workers compensation insurance for employees at their workplace.

You’re covered if you are a;

  • Casual or permanent employee
  • Full-time or part-time employee
  • Self-employed worker
  • Person deemed to be a worker

There are many different types of injuries covered by the NSW Workers Compensation Scheme, including injuries or illnesses suffered at work, resulting from work or during work activities and duties. Depending on your circumstances, and how it occurred, there are different claims you may be eligible for.

A workers compensation lawyer will be able to assist you in understanding your rights, advise you and assist you in making a claim.

What can I claim under Workers Compensation?

  • Loss of wages/earnings
  • Hospital and medical expenses
  • Rehabilitation expenses
  • Permanent impairment compensation (Lump Sums)
  • Travelling expenses
  • Return to work services
  • Common law damages
  • Benefits associated with the death of a worker

The amount of compensation you can receive;

The amount of compensation you can receive from a workers compensation claim can depend on a few different variables;

  • The type of work you do and how much you get paid.
  • Seriousness and complexity of your injury.
  • Your ability to return to your pre injury work or some other form of lighter duties.
  • Your workplaces liability, depending of whether your injury was a result of workplace negligence

Contact Boitano Lawyers today – if you’d like to discuss workers compensation claims and see where we can help, give us a call. We have Law Society Accredited specialists in Parramatta offering the best professional advice, legal solutions and most importantly, peace of mind so that you get the maximum you are entitled to.

What is probate and estate administration, and do I need a lawyer?

Probate is a Legal document issued by the Supreme Court in NSW authorising the executor to administer the estate in line with the provisions of the Will which forms part of the Probate document. On obtaining Probate the executor can then begin the process of collecting and selling the assets of the deceased person and paying any liabilities and claims made on the estate. If you have been named as an executor in a Will, a probate lawyer can assist and guide you through the legal process of applying for a “Grant of Probate” from the Supreme Court. The starting point will be to enquire with the asset holders to determine the estimated value of the estate and to ascertain the debts and liabilities.

In NSW the first step is to publish a Notice of Intention to apply for Probate on the Supreme Court website. We at Barwick Boitano Lawyers can manage the entire application process from the first step of advertising the intention to apply for Probate to the final step of the distribution to the beneficiaries. Before the final distribution of the estate can take place and more importantly to protect the Executor from personal liability from any potential claims on the estate, a Notice to Creditors is published calling on all creditors on the Estate to notify the executor of any claims they may have on the Estate. Notice periods apply and a minimum of 6 months after the date of death, or 1 month after publication of the Notice to Creditors (whichever is the later) applies. Once the Notice expires the distribution to beneficiaries may proceed. Our legal team can advise you on whether you need probate or not and in relation to any claims made on the estate. We can also assist in the application, and  the distribution of the estate.

Why and when is a Grant of Probate needed?

The Grant of Probate is the first formal step in the estate administration process. Certain professional organisations i.e. banks, insurance companies and superannuation funds often require probate prior to release or transfer of assets for distribution. Probate is also necessary where the assets in the Estate include Real Estate which is to be sold or transferred.

It is understandable for Executors and family to feel overwhelmed when an individual passes away. We will guide and advise you throughout the whole process so you can perform your role as Executor with confidence.

What is the process of applying for a Grant of Probate?

In preparation for the application for a Grant of Probate, the following is a helpful checklist of what is required:

  1. A summary of the deceased assets and liabilities
  2. The Original Death Certificate
  3. The original Will or details of where it is held in safe custody
  4. The contact details of the beneficiaries (persons in the will who receive a benefit).

Applying for Probate

The following are the steps in applying for Probate

  • Publication of a Notice of Intention to Apply for Probate
  • Preparation of the Application which includes an Executor’s Affidavit, Form of Grant and other Original Certificates and Evidence as required by the Court (For example if an executor has predeceased or Original Will is missing).
  • Payment of the Probate Fee (According to the Gross Value of the Estate).
  • Lodgement of the Application in the Supreme Court

When an executor is unwilling or unable to act

In some situations, there may be problems with applying for a grant of probate when an executor is unwilling or unable to act. An application for Probate must be made within 6 months of the date of death otherwise an explanation of delay must be provided with the application.

An executor may be unable to act because they:

  • Refuse to act
  • have died
  • are a minor (under 18 years of age)
  • are mentally or physically incapable of managing his or her affairs
  • live outside NSW.

It is wise to obtain professional advice from someone who has experience in this specialised area of  Estate Administration. Barwick Boitano Lawyers have over 30 years experience in administering estates and can answer any questions or concerns you may have.

Contact Boitano Lawyers today – if you’d like to discuss estate administration and allow us to help you through the process. We offer professional advice, legal solutions and most importantly, peace of mind.

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.