If you suffer an injury that is work related, you may be able to make a workers compensation claim. You may also be able to make a claim if you contract a disease and can show that your work was the main contributing factor.

Workers compensation is available for workers to help them financially while they are injured and unable to work. Under the NSW Workers Compensation Act employees are covered for injuries that arise during the course of their employment. This may include injuries suffered not just at the usual place of work, but also at work-related functions like conferences, client visits and even end-of-year Christmas parties.

If you wish to make a NSW workers compensation claim, here are some of the first steps you need to take.

First, notify your employer

If you’re injured at work and wish to make a workers compensation claim, you need to notify your employer as soon as possible so your injury can be recorded on the register of injuries. Notification can be made verbally or in writing.

Next, your employer notifies their insurer

Once your injury has been reported, your employer has 48 hours to notify their insurer. This initial notification can also be in writing or verbally over the phone. Notification can also be made by the worker or a representative of either the worker or employer.

You require a workers compensation certificate of capacity

Your next step is to visit a doctor and ask them to provide a WorkCover certificate of capacity. Your doctor will fill out Part B of the form – you will need to complete Parts A and C. The form should be sent to your employer’s insurer within seven days either by you or the employer. The insurer will assess your claim and may either accept the claim and start payments, or dispute the claim.

Compensation available under the scheme

Workers compensation can come in the form of weekly payments, lump sum payments, and payments for medical and other expenses. WorkCover weekly payments are calculated taking into consideration the severity of your injury and the amount of time you need to take off work.

Common law negligence claims

Apart from entitlements under the workers compensation scheme, you may also be able to make a common law negligence claim if the injury can be shown to have been caused by the negligence of your employer. Once negligence is proved, you still need to show that you’ve suffered significant injuries – the minimum requirement is 15% of what is known as ‘Whole Person Impairment’.

How a workers compensation lawyer can help

While the insurer may accept your claim and start weekly payments, you may not be paid your full entitlements under the law. This is where an expert workers compensation lawyer can help you by providing advice about your options, assisting you through the workers compensation process and helping if there is a dispute with the insurer.

At NSW Compensation Lawyers our friendly senior lawyers will help you every step along the way, ensuring you receive the maximum workers compensation to support your current and future needs.