How To Proceed With a Personal Injury Law Claim

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Personal injuries can be traumatic. They include any damage that occurs due to someone else’s negligence. The parties most often responsible for personal injury law claims are reckless drivers, business and property owners, and employers.

First Course of Action in a Personal Injury Law Case

After an injury disrupts your life, you are likely to be unsure what steps to take next. A legal claim should be in your future for injuries due to someone else’s negligence.

Seek Medical Care

Your priority should be medical care. Before you can seek out injury lawyers, document your healthcare journey from the time of the accident until recovery. With injuries that cause disability, full recovery may not be an option. For instance, if you suffer an injury that causes the loss of function in your lower body, it can affect your ability to work or continue to receive the same income you grew accustomed to. The impact of your injuries on your personal, professional and financial life is critical to making your claim.

Seek Help From Personal Injury Lawyers

Personal injury lawyers provide guidance and support to victims of negligence. Following damages from someone else’s negligence, you have a right to compensation. Look for a personal injury lawyer to discuss your claim with. The lawyer can determine whether you have a relevant claim for compensation.

Personal injury law is complex, but law professionals have experience proceeding through compensation claims. They can walk you through the process.

Types of Personal Injury Claims

A number of different types of claims fall under the injury law umbrella. There are various injuries and compensation schemes, and without a lawyer to guide you, you may not understand which avenues to pursue.

Motor Vehicle Accidents

Motor vehicle accidents are traumatic events for many people. The financial repercussions can include medical expenses, motor vehicle damage, and loss of income, and there is also the pain and suffering to consider. Many car accidents involve serious, life-threatening and life-changing injuries.

In addition to the traumatic experience, car accidents are complex because they require you to prove fault and to make a claim as quickly as possible.

Public Liability Injuries

You may be able to file a public liability compensation claim if you experienced injuries at someone else’s home or business. The injury had to occur because of the owner’s negligence or because of an unsafe situation that the owner contributed to, such as if the owner or controller of the property did not make reasonable attempts to reduce the hazard that caused the injury.

Work-Related Accidents

Personal injury law also covers workplace accidents. It is your employer’s responsibility to ensure the safety of all workers. Workplace injuries occur at or because of the activities the job requires. People with work-related injuries can suffer from:

  • Musculoskeletal disorders
  • Psychological injuries
  • Burns
  • Wounds
  • Fractures

The most serious claims generally involve injuries to the joints, muscles, tendons and ligaments.

Finding Personal Injury Lawyers

Every case is different. The right lawyer for you should be someone with a specialty in your case’s area of law. For instance, some personal injury lawyers specialise in motor vehicle accidents, whereas others specialise in workplace incidents.

Examine Reputation and Reviews

When looking at different injury lawyers, consider their reputations. An attorney in personal injury law has to be able to work well with others and to negotiate a settlement on your behalf. The majority of injury claims settle before going to trial. If your lawyer does not have a good reputation with other attorneys, insurance companies or clients, they may not be suitable for your case.

In addition to finding out more about the lawyer’s reputation, check testimonials. The firm’s website may provide testimonials from other clients.

Discuss Fee Structures

A personal injury can devastate your finances, and you may fear that fighting for compensation will cost more than the overall injury. The fee structure is crucial when choosing between personal injury lawyers. Some lawyers do not demand legal costs upfront for personal injury. Instead, they ask for contingent costs after they win the case. You do not have to pay if the lawyer fails. Most lawyers can estimate the fees you would pay no matter the case’s outcome.

Choose Lawyers Who Can Guide You Through Personal Injury Law

Personal injury law is complex. To have a better chance at a good outcome, you may require the help of professional personal injury law attorneys. At Barwick Boitano Lawyers, we understand that personal injuries can turn your life upside down. Contact us today to learn more about how we can help your case.

What You Should Know About Drink Driving and Using Your Mobile in NSW

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It goes without saying that drink and drug driving can have serious consequences. That is why the NSW drink driving laws are so strict, as are the laws regarding using a mobile phone while driving.

Drink Driving Statistics

In 2021, drink driving was responsible for one in seven fatal crashes in NSW. Nevertheless, a survey of drivers revealed the following:

  • Approximately 5% admitted that, in the preceding six months, they had driven even though they believed they were probably over the legal blood alcohol concentration.
  • Of these, 32% admitted that they had passengers in the vehicle at this time.
  • Approximately 30% admitted they don’t know the legal BAC in NSW.
  • Approximately 45% admitted they don’t know how many drinks they can have before reaching the legal BAC.
  • Surprisingly, 60% said they favour fitting all cars with a device that checks BAC before allowing the driver to start the engine.

Drink Driving Penalties

Per NSW’s drink driving law, the maximum legal BAC you can have when driving is 0.05%. Anything over this subjects you to severe penalties that increase dramatically if you are a repeat offender, that is, if you have had one or more previous drink driving convictions.

The precise charges and penalties you face depend on which of the driving category you fall into and its associated BAC limit:

  • Low range: BAC between 0.05% and 0.079%
  • Mid range: BAC between 0.08% and 0.149%
  • High range: BAC above 0.15%

Low Range Penalties

Even your first conviction can result in a court-imposed fine of $2,200 and suspension of your driver’s licence for six months. These penalties increase to $3,300 and an unlimited period of suspension for your second or subsequent convictions.

Mid Range Penalties

First conviction penalties in this range include nine-month prison term, court-imposed fine of $2,200 and suspension of your driver’s licence for an unlimited period of time. For a second or subsequent conviction, these penalties increase to a 12-month prison term, court-imposed fine of $3,300 and suspension of your driver’s licence for an unlimited period.

High Range Penalties

Penalties for a first conviction in this range include an 18-month prison term, a $3,300 court-imposed fine and suspension of your driver’s licence for an unlimited period. If you’re a repeat offender, these penalties increase to a 2-year prison term, $5,500 court-imposed fine and suspension of your driver’s licence for an unlimited period.

Driving Under the Influence Penalties

In addition to the above drink driving law penalties, you also face penalties if convicted of DUI, defined as driving while adversely affected by illegal or prescription drugs or alcohol. Here the first conviction penalties include an 18-month prison term, $3,300 in court-imposed fines and suspension of your driver’s licence for an unlimited period. The suspension period remains the same for a second or subsequent conviction, but the prison term increases to two years and the fine increases to $5,500.

Combined Drug and Alcohol Penalties

As of June 2021, a new law went into effect targeting repeat offenders with both an illegal BAC level and illegal drugs in their systems. Here the penalties in the low range category include an 18-month prison term, a $5,500 court-imposed fine and suspension of your driver’s licence for an unlimited period.

Mobile Phone Usage While Driving

In addition to drink driving laws, NSW also has strict laws about using mobile phone while driving:

  • You can make or receive an audio phone call only if your phone is secured in a cradle fixed to your vehicle or you can operate it with Bluetooth or other controls that allow you to make calls hands-free.
  • The same rules apply to using your phone’s music or audio functions.
  • You can use a driver’s aid, such as a navigation system, only if your phone is secured in a cradle fixed to your vehicle.

Using any other function on your mobile while driving, such as texting, emailing, video calling, web browsing or accessing social media, is illegal. Whether you’re a driver or a passenger, it is illegal to hold and use your mobile while the vehicle is in motion.

Obtaining Legal Help

If you find yourself in the precarious position of being charged with breaking NSW’s drink driving laws or illegally using mobile phone while driving, you need the expert advice, counsel and representation of drink driving lawyers Parramatta. At Barwick Boitano Lawyers, our team of highly experienced lawyers specialise in drink driving, traffic offences, speed cameras and demerit points. Contact us today. We are fully prepared to be your drink driving lawyer of choice.

Workers Compensation in NSW

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What You Need to Know About Workers Compensation Claims

If you get injured while you are working or if something in your work environment makes you ill, you may face a variety of stressors. Besides the health issues, your household may be financially strained if you lose wages because you can’t work for some time. Your future ability to earn a living may be impaired by permanent total or partial disability. Understanding how does workers compensation work in NSW is essential to protecting yourself and your family.

What Is Workers Compensation?

Workers compensation is a kind of insurance coverage that protects the people who work for the company if they are injured at work or get sick from exposure to something on the job. Employees are covered whether they are full or part-time, casual or permanent. Anyone defined as a worker is covered, even the self-employed, and it does not matter whether the accident was the worker’s fault or not.

Employers, especially small businesses, may not understand all the ins and out of workers compensation coverage. Here are some of the common questions employers may wonder about workers compensation.

  • Do I need workers compensation insurance NSW? The answer is yes, as it is legally required unless you qualify as self-insured.
  • Who pays workers compensation? While the employer pays the premiums, the insurance carrier pays claims to the extent outlined in the policy.
  • What does Workcover cover? Workcover covers lost wages and medical expenses for injured workers. While it is a government initiative, it is self-funded.
  • How does workers comp work? Employers purchase an insurance policy that pays when a worker makes an approved claim for workers compensation benefits.

What Is Workers Compensation Claim?

A workers compensation claim is the legal process workers go through to assert their right to benefits under NSW law. Injured workers should file their claims immediately after an injury and consider hiring an attorney to help them through the proceedings. Workers compensation claims often require significant documentation, testimony, and other legal requirements that make them difficult to manage on your own.

What Does Workers Compensation Cover?

Depending on the specifics of your situation, workers compensation may cover medical expenses, lost income, rehabilitation, and other services. The insurance benefits may cover long-term care or even lifelong assistance in cases of permanent disability. The ultimate goal of workers compensation is to restore, to the extent possible, what you have lost due to a work-related injury or illness. An attorney with experience in workers compensation cases can help you determine what you may be eligible for and safeguard your rights.

How Is Workers Compensation Calculated?

The amount of workers compensation benefits you qualify for depends on various factors, including the nature of your injury, your working conditions, the levels of training and supervision, and how much liability your employer has for the illness or injury. The calculation can be complex. For example, in weeks 0 through 13, you may receive up to 95% of your pre-injury pay. However, beginning in week 14, benefits may go down and up again, depending on the specifics of your case.

To determine your weekly benefit amount, consult the latest Workers Compensation Payout Guide NSW version.

How Long Can You Be On Workers Compensation NSW?

Under the workers compensation laws in NSW, you can receive weekly payments until:

  • You can return to work.
  • You reach a negotiated settlement for your damages.
  • You reach the retirement age plus one year.
  • You receive five years of payments. This rule doesn’t apply if you are certified as unable to return to work indefinitely.
  • You receive the maximum weekly compensation limit.

In addition to your weekly payments, you may also qualify to have your medical bills paid, rehabilitation services, and reimbursement for travel to treatment appointments. Workers with a permanent impairment may also negotiate a lump sum payment for damages along with the weekly benefits as part of compensation claims.

What Is the Wages Definition for Workers Compensation?

The definition of wages in terms of calculating workers compensation payments includes what you would expect, such as your base salary or wages, overtime pay, shift differentials, and other similar forms of premium pay. However, the definition also includes bonuses, commissions, sick pay, holiday pay, superannuation contributions, termination payments, and the grossed-up value of fringe benefits. A knowledgeable attorney can help ensure you get credit for all the appropriate forms of payment for your benefits.

How Do I File a Workers Compensation Claim?

If you get injured at work, the most critical first step is to get emergency medical help if you need it. As soon as possible, notify your employer of your injury. Keep documentation of all the medical services you receive in case you need to prove that your injury was related to your job. Follow your employer’s policies and procedures for filing a claim with the workers compensation insurance.

Getting your claim filed as soon as possible is very important. Waiting or delaying may cost you benefits. Deadlines apply at each phase of the claims process, and missing those deadlines may forfeit your rights. Because the process is complicated, the best way to preserve your rights is to contact a knowledgeable workers compensation attorney immediately after your injury.

How Long Do I Have to File Compensation Claims?

In NSW, you must file your claim within six months in most cases. However, in some circumstances, you may get an extension for up to three years. Cases that result in death or permanent disability may continue beyond the three years. If your injury happened more than three years ago, you could appeal to the State Insurance Regulatory Authority. SIRA governs the administration of workers compensation claims in NSW and may allow you to file your claim anyway.

How Long Does It Take To Receive Workers Compensation Benefits?

Under the laws of NSW, workers compensation claims processing may take up to two years, depending on the nature of your injuries, your treatment plan, and how long your recovery will be. How long the process takes depends on how quickly you complete each series of steps; if you miss a deadline or make errors in your claim, you may miss out on benefits or even be disqualified altogether. To get the best results in the shortest time possible, seek the services of an experienced workers compensation attorney.

What Is Workcover Insurance?

Workcover is the former name of the government workers compensation program in NSW. This initiative provides employers with workers compensation insurance policies at affordable rates. Employers with Workcover also get help with claims management, customer service, and payment of benefits. If you work for a company with Workcover, it’s essential to understand how does Work Cover work as it protects you against lost income and medical expenses. If you are an employer, you need to know how Workcover protects you against the cost of workplace injuries.

Where Can I Find Help With a Workers Compensation Claim?

Many people may wonder what is the purpose of workers compensation. However, if you’ve suffered a severe injury on the job, you understand why it’s so important. The experienced legal professionals at Barwick Boitano Lawyers can help you with every step of the intimidating process of filing a workers compensation claim. If you’re facing an injury or illness caused by your job, contact us today and let us help protect your rights.

What Is a Workers’ Compensation Claim? And How Does It Apply to You?

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Australia prides itself on taking workplace health and safety very seriously. Still, workplace injuries happen. Australian workers filed 120,355 workplace injury claims in the past year.

The consequences of a work-related illness or injury can be devastating, especially if you don’t know what steps to take.

One of the most important things to do after sustaining a workplace injury is to file a claim. If you don’t have experience with workers’ comp, you might be wondering, “What is a workers’ compensation claim?”

Keep reading to find out everything you need to know to protect your interests after a work-related injury or illness.

What Is Worker’s Compensation Insurance?

Workers’ compensation insurance functions as a safeguard for employees who get injured or develop an illness at work. Employers pay for workers’ compensation insurance to support their employees.

There are many different workers’ compensation schemes for Australian workers. These schemes vary among states and territories.

Workers’ compensation schemes cover full-time workers, part-time workers, and apprentice workers. In some cases, schemes also cover volunteers and temporary workers. Schemes don’t often cover contractors.

Workers’ comp insurance covers employees’ medical treatment when they get injured or ill during the course of work. Workers’ comp can even apply while travelling for work.

What Is a Workers’ Compensation Claim?

A workers’ compensation claim is the form a worker files after sustaining an injury or illness at work. Many workers enlist the help of a workers’ compensation lawyer when filing a work comp claim.

If the work comp claim gets approved, the injured worker gets compensated for their illness or injury. Workers’ comp benefits cover the following expenses:

  • Medical treatment
  • Hospital stays
  • Rehabilitation
  • Compensation for permanent impairment
  • Lost wages
  • Death and funeral costs

In addition, some workers’ comp schemes also cover psychological trauma and mental illness. It is important to check your workers’ comp scheme to find out exactly what it covers.

How To File a Workers’ Comp Insurance Claim

When you get injured or develop an illness at work, you will need to file a workers’ comp insurance claim. Here are the steps you should follow.

Notify Your Employer

It is vital that you notify your employer of your work-related illness or injury. You should do this as soon as possible after the injury occurs or once you become aware of the illness.

Failing to notify your employer within eight business days is an offence unless you have a reasonable excuse for doing so.

Seek Medical Attention

You should always get checked out by a medical professional when you get injured or develop an illness at work. This is not only for your well-being but for the purpose of documenting the extent of your injuries.

A medical professional will assess your illness or injury. Then they will determine the appropriate course of treatment. They will also provide you with a work capacity certificate.

In some circumstances, it may be necessary to seek medical attention right away. Always prioritize your health and well-being. Just make sure to notify your employer within the required time frame.

Sometimes, an employer may require you to see another medical provider of their choice. This is often done to provide additional proof that your injury or illness is work-related.

Hire a Workers’ Compensation Lawyer

Many people find it beneficial to use the services of a workers’ compensation lawyer.

A work comp lawyer will have the specific legal experience and expertise to get you the best possible outcome for your claim. They will walk you through the process and ensure you have the necessary evidence to support your claim.

Submit a Claim

With the help of your work comp lawyer, your next step is to file your claim through your workers’ compensation scheme. Your lawyer will make sure you file your claim properly to avoid any issues getting approved.

Workers’ Compensation Schemes and Resources

Workers’ comp schemes differ across Australia. It is important to check with your workers’ comp scheme to understand the terms of your coverage and how to file a workers’ comp claim.

Here is information about the various workers’ compensation schemes organized by territory.

Australian Capital Territory

The WorkSafe ACT comprises the Regulator and the Office of the Work Health and Safety Commissioner. It manages and administers workers’ compensation benefits.

New South Wales

The State Insurance Regulatory Authority provides an approachable claims management guide.

This guide includes information about workers’ comp legislation, regulations, and claims management. Their goal is to help insurers make the best decisions for communities and to help workers understand their rights.

Northern Territory

NT WorkSafe helps businesses and their workers understand their workplace rights and obligations. It is a division of the Department of the Attorney General and Justice.

It also provides information on safety, rehabilitation, and workers’ compensation.

Norfolk Island

The Norfolk Island Workers Compensation Agency offers many state services to the community. These services include courts and legal services, workers’ compensation, title registration, and others.

Queensland

WorkCover Queensland provides services and information about work health, safety, and workers’ compensation. It is part of the Office of Industrial Relations.

South Australia

ReturnToWork SA is responsible for regulating the return to work scheme for South Australia. It provides work injury insurance to protect both businesses and their employees after a work illness or injury.

Tasmania

The purpose of WorkCover Tasmania is to advance the safety, well-being, and work health of all Tasmanians. It promotes safe work practices, investigates workplace incidents, and performs compliance audits.

Victoria

WorkSafe Victoria is the workplace safety and health regulator for Victoria. It also provides workers’ comp insurance.

The goal of WorkSafe Victoria is to reduce harm in the workplace and provide beneficial outcomes for injured workers.

Western Australia

WorkCover WA regulates and administers the workers’ compensation scheme for Western Australia. It also informs employers and employees about how to manage workplace injuries.

WorkCover WA works in accordance with the Workers’ Compensation and Injury Management Act of 1981.

Comcare is a government regulator and workers’ compensation insurer for Western Australia. It works alongside employers and employees to minimize harm in the workplace.

Comcare collaborates with other workers’ comp schemes in Western Australia. Together they create innovative projects and solutions to improve workplace injury outcomes.

Safe Work Australia is a government statutory agency in Australia. It is developing policies geared toward improving workplace safety nationwide.

File Your Workers’ Compensation Claim

What is a workers’ compensation claim? It is the official form a worker must file after sustaining a workplace injury or illness.

Failure to file a workers’ compensation claim properly and on time can result in the loss or denial of benefits.

To ensure you get the best result, get the help of an experienced NSW workers’ compensation attorney. Contact Barwick Boitano Lawyers today to schedule a free consultation to discuss your case.

Workers’ Comp Payout Guide for NSW (2022)

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In a 2019-20 report, 120,355 serious injury claims were made by Australian workers while on the job.

Body stressing made up 37% of those claims. The highest frequency came from labourers, community, and personal service workers, along with machinery operators and drivers.

If you’ve had an injury while on the job, then you might be eligible for compensation. Want to know how much?

In this guide, we break down everything you need to know about workers’ comp payout in New South Wales (NSW).

What Is a Workers’ Comp Payout?

If you get injured on the job or become ill due to work in NSW, you should make a claim for workers’ compensation. It is sometimes referred to as ‘WorkCover’ which was the old name for the NSW workers’ compensation scheme.

This is the monetary compensation for injuries at your place of work. In NSW, you don’t have to prove that your employer was negligent in order to get workers’ comp. 

Instead, you must prove that the injury happened while you were working. This is a ‘no fault’ scheme.

If you had a work-related injury and work was a ‘substantial contributing factor,’ then you are covered. Even if your employer was not at fault.

The NSW worker’s compensation system offers support if you’re injured at work including compensation for:

  • Lost Wages,
  • Medical, Hospital, and Rehabilitation Treatment,
  • Assistance to Help You Return to Work,
  • And, Occasionally, Compensation for Non-Economic Loss.

The SIRA or State Insurance Regulatory Authority is the NSW Government agency that is responsible for overseeing the NSW workers’ comp system.

Jobs Not Covered by Workers’ Compensation

There are some occupations that are not covered by workers’ compensation in NSW. These include:

To get workers’ compensation for these injuries, you must file a claim with NSW State Insurance Regulatory Authority (SIRA).

What Is Covered?

Some examples of injuries or damage that qualify for workers’ compensation claims in NSW are:

  • Hearing Loss,
  • Permanent Impairment,
  • Property Damage,
  • Serious Injury or Illness,
  • Dangerous Incidents,
  • Or Death.

Workers’ compensation only repays financial damages. So keep in mind that you can’t claim payments for ‘pain and suffering.’ These are non-economic damages according to the Workers’ Compensation Act of 1987.

Your Recovery Plan

Once you report your injury, your insurer gives you a claim number. This appears on all documentation relating to your claim.

What Is a Certificate of Capacity?

Your certificate of capacity is the main way your doctor communicates with your support team. The certificate outlines your injury or illness, your ability to work, and the treatment needed.

This information helps determine your injury management and recovery plans.

Who Is Your Support Team?

As you move towards your recovery and return to work, your support team is there to help you along the way.

The team includes your case manager, doctor, and employer. Together they communicate to ensure you’re on track for a complete recovery.

  • Case Manager: This is the key person to help you with any questions or concerns about your recovery. They are appointed by your employer’s insurer and contact you within three days of being notified to talk about your claim.
  • Doctor: Your personal doctor, of your choice, assesses, diagnoses, and treats you for your injury or illness. They complete your certificate of capacity and support you as you recover. Lastly, they communicate with other members of your support team.
  • Employer: It is your employer’s job to nominate someone to support your recovery. Often referred to as a “return to work coordinator” they talk with you, your case manager, and your doctor about your recovery plan at work.

You may need additional providers such as a physiotherapist or psychologist to be part of your support team. Your insurer might also include a workplace rehabilitation provider to help.

Your Payout Options

If your claim is eligible for a workers’ compensation payout, then you may receive compensation in a variety of forms:

  • Weekly Payments: Payments to compensate for your lost wages while you’re off work.
  • Medical Expenses: Covers the cost of your medical, ambulance, hospital, travel expenses, and rehabilitation expenses.
  • Permanent Impairment Payout: You receive a lump sum compensation payout. It covers any permanent impairment that was a result of a work-related injury or sickness.
  • Work Injury Damages Payout: You receive a lump sum payout for damages if the injury or sickness was the result of your employer’s negligence. (Also known as a ‘common law claim.’

What Is the Maximum Payout?

There are some limits that could apply to your workers’ comp payout in NSW. For most, your maximum weekly payout is $2318.10 x 5 years. This is a total of $602,706.

However, there are some exceptions. If you have a permanent impairment that is greater than 20%, this limit doesn’t apply.

Plus, these weekly payments don’t include compensation for your medical, hospital, rehabilitation, travel, and ambulance expenses.

Finally, for successful lump sum claims, your total payment is on top of these amounts. A lump sum may also be available if you have permanent impairment. (However, this must be made before any damages settlements.)

What Should You Do Next?

Your rights should protect you if you’re injured due to a workplace accident or illness. Keep in mind that workers’ comp settlements are determined through negotiations with the insurer. 

Many people miss out on the full amount of their workers’ comp payout because they don’t understand the laws. If you need help with your workers’ compensation claim, then our specialist NSW workers’ compensation lawyers are here to help.

We want you to receive the financial assistance you deserve – so you can focus on your recovery instead of losing money. Contact us today for honest legal advice and support to put your mind at ease.

What Is Workers’ Compensation Insurance?

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Everyone is bound to get injured on the job at some point. Some people can walk it off and return to work the next day without issue. Others suffer for years while trying to balance medical bills they can’t afford. 

If a person sustains an injury at work, the employer is the one responsible for providing some kind of coverage. It’s even more important if the injury will put this individual out of work indefinitely. Workers’ comp insurance is also the best option for an employer hoping to avoid a lawsuit. 

What is workers’ compensation insurance, and how does it protect you after a serious injury?

What is Workers’ Compensation Insurance?

Workers’ comp is a type of business insurance that provides financial support for a person injured on the job. It helps your employees pay their bills while they’re unable to work. It’s also a way to avoid an employee suing your company for an avoidable injury. 

Workers who accept access to workers’ compensation cannot sue for negligence against their employer. This goes even if the workers’ compensation does not fully repay the worker after an injury. The only option, in that case, is to fight for a bigger payout. 

Workers’ compensation insurance provides coverage for anything from minor injuries to death.

An injured worker expected to recover is entitled to income maintenance for about two years from the date of their first payment. The pay lowers from 100% of what is owed to 80% in the second year of receiving their compensation. 

Suppose the worker is seriously injured and has a permanent impairment. In that case, they are entitled to 80% of the difference between their average weekly earnings and any current earnings. 

Who is Eligible for Workers Comp in Australia?

Workers’ compensation isn’t available to all workers across the country. To qualify for it, your employer must offer it as an option. 

After an injury, your employer contacts the insurer they’re partnered with. They notify the insurer of your injury and can start the claims process from there. Alternatively, the workers can lodge a claim with the insurer. 

In Australia, workers’ compensation laws state that a worker does not need to prove that an employer was negligent. You qualify as long as you were injured doing something work-related.

Furthermore, any worker is entitled to receive compensation from their employer. 

What is Included?

Workers’ comp in Australia helps to provide compensation while you seek medical treatment, rehabilitation, or can’t work due to your injury. It also provides the same coverage if you get an illness at work related to your job. 

The type of claim you submit will determine what kind of coverage you receive. There are claims for disabilities, time off from work, and even death. 

Benefits you could receive include coverage for your medical treatment and income replacement payments. Unless you are permanently disabled due to your injury, the payments are usually cut off after two years. 

In the case of death, your family receives death or funeral benefits. This may also include support payments such as a lump sum compensation or weekly payments for your dependents. 

How Common Are Work-Related Injuries?

According to the Australian Bureau of Statistics Work-Related Injuries Survey, about 4.2% of employees experienced some kind of injury from 2017 to 2018. Of those injured, 39% did not take any time off work. Only 3.6% of them were unable to return to work. 

A quarter of all injured workers took 5 or more days off work but eventually returned. That’s all assuming there were injured individuals who submitted a compensation claim. It doesn’t take into account people who were injured on the job, and either did not or could not submit a claim. 

The frequency of worker injuries also depends on the industry. The most affected industries in Australia are transport, postal, and warehousing. After that, it’s agriculture, forestry, and fishing. 

Types of Injuries Covered by Workers’ Compensation

Generally speaking, injuries sustained on the job or at the workplace are considered work-related. These include hurting your back when transporting materials, slipping on a liquid, and developing a heat stroke on the job. As long as it wasn’t avoidable on your part, it’s considered your employer’s responsibility. 

Repetitive strain or stress injuries are common in a wide variety of workplace settings, and they’re usually covered by workers’ comp. However, some policies do not cover them since you could develop this issue at home. 

Similarly, injuries caused in part by a pre-existing condition may not get covered unless your employer was aware of the condition beforehand. 

Expect coverage for illnesses caused by on-the-job exposure. This includes exposure to asbestos or other airborne particulates.

You may also receive compensation for COVID-related injuries if you can prove that your work was a main contributing factor. 

How to File a Claim

In the case of a work-related injury, your employer may file a claim for you. You should also call your claims agent as soon as possible. Your workers’ compensation website may also have a portal to help you file a claim. 

Hiring a lawyer isn’t a necessity when you file, but it can help. Your employer may require that you file the claim yourself instead of going through them.

In that case, you want to make sure that you’re providing the correct information. It’s especially important if your specific claim comes with significant compensation. 

In the case that your claim is denied, you should receive a Section 74 Notice with all of your relevant information. If you believe this to be an error, your lawyer can challenge the decision with the Workers’ Compensation Commission. 

Get Coverage on the Job

What is workers’ compensation insurance for the average employee? It’s a way to continue getting paid even when you get hurt on the job. However, there are times when they deny a claim, and you’re left dreading what comes next. 

Barwick Boitano Lawyers has been providing legal services in Sydney’s West for over 30 years. We specialize in Personal Injury Law, Family Law, and more. Reach out to make a confidential appointment and to learn more about our services.