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Category Workers Compensation

Am I Entitled to Annual Leave and Long Service Leave Whilst on Workers Compensation in NSW?

The short answer is yes, employees receiving workers compensation payments, even if they are off work, are entitled to accrue annual leave during their absence as well as long service leave....

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What is the insurers investigation statement?

In workers compensation claims it is not uncommon for the insurer to arrange an investigator to meet up with you for the purpose of obtaining a statement about your workplace injury....

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Work Capacity Decisions( recent changes)

Work Capacity Decisions are made by a worker’s compensation insurer to determine the work capacity of an injured worker....

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Whole person impairment claims – an update

A claim for Work Injury Damages is a claim in negligence against your employer....

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PIAWE calculation and weekly payments

PIAWE (pre-injury average weekly earnings) should be a fairly simple calculation however insurers regularly get it wrong....

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Sexual harassment in the workplace and an entitlement to compensation

Sexual harassment in the workplace is on the rise in Australia....

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The New Section 74 Notice – Now Called the Section 78 Notice

To decline any aspect of a worker’s compensation claim, the insurer must issue a dispute notice which is now called a Section 78 Notice....

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Can I make a second claim for lump sum compensation for permanent impairment?

The assessment of whole person impairment is now vitally important as it effects all entitlements to workers compensation under the Act....

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Amendments to Section 38 of the workers Compensation Act – continuing workcover payments after 130 Weeks

In August 2016 the Workers' Compensation Act was amended to change a workers' entitlements to ongoing weekly compensation based on the level of permanent impairment obtained....

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Duty of care of head builder to contractors on a job site

A head builder has obligations under the Occupation Health and Safety Act and Regulations to provide a safe work environment....

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Section 59A of the workers compensation Act 1997 limit on payment of medical expenses

Section 59A is an important section of the Workers' Compensation Act as it deals with an injured workers' ongoing entitlement to medical expenses....

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Limitation periods: Do you know how much time you have to make your claim?

In personal injury and other civil matters there are time frames in which claims must be brought....

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Workers compensation claims: should you challenge a S74 notice?

What is a Section 74 notice?...

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9 reasons why you need an expert workers compensation lawyer

If you have suffered an injury at work you may be able to make a claim for Workers’ Compensation....

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Injured bull rider wins workers compensation claim

A recent Workers Compensation Commission decision ruled in favour of an injured bull rider being considered a worker....

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Understanding the importance of whole person impairment in compensation

If you have a permanent impairment as a result of workplace injury or illness....

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How do doctors assess the level of WPI for spinal injury claims?

Make a claim for lump sum compensation for permanent impairment....

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Section 39 of the Workers Compensation Act

Amendments to Section 39 of the Workers Compensation Act....

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Legal costs are now payable to assist in challenging a work capacity decision

All legal costs are paid by the workers' compensation insurer and there are no costs payable by workers in challenging the decision....

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Recommendations for amendments to the workers’ compensation scheme

On 9 March 2017, the NSW Upper House Committee on Law and Justice handed down several recommendations after completing its first review of the Workers’ Compensation Scheme....

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Can I change lawyers during my claim?

You can change lawyers at any time during your claim. This applies to any workers’ compensation claims, motor vehicle claims, or public liability claims....

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How to avoid having weekly benefits stopped at the end of 2017

It is estimated that some 8,000 injured workers will be notified this year that their weekly benefits will cease at the end of 2017....

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NSW Government making a huge profit by throwing thousands of injured workers out of the system.

In the coming months, some 7000 – 8000 injured workers will be notified that their weekly benefits will cease at the end of 2017....

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Beware the case conference

Once a claim for workers' compensation is accepted, the insurer will appoint a rehabilitation provider to assist in your return to work. ...

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45 frequently asked questions in workers comp claims

We have answered the 45 most frequently asked questions in workers compensation claims...

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Sexual harassment on the rise in Australia

It is suggested by Workforce Diversity Specialist Conrad Liveris that there has been a significant increase in the number of sexual harassment cases in Australia. It is unknown whether there is an increase in sexual harassment behaviour itself, or if more people are aware of sexual harassment and are making complaints....

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Bullying In Workers Compensation Claims

The Macquarie University Centre for Workforce Futures conducted an enquiry in relation to allegations of bullying in WorkCover NSW system during 2014 and 2015....

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Whole person impairment claims

If as a result of injury at work you have sustained a permanent impairment....

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Ultimate guide to weekly compensation payments under the WC Act Image not available

Ultimate guide to weekly compensation payments under the WC Act

Payment of statutory workers’ compensation such as weekly compensation is a “no fault” scheme....

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The insurer has declined liability for my claim, what can I do now?

To decline a claim for weekly compensation and/or medical expenses, the insurer must send the injured worker a Section 74 Notice....

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Complete guide to medical expenses under the workers comp system

If you have sustained an injury in the course of your employment, the insurer is required to pay medical expenses in accordance with Section 60 of the Workers Compensation Act 1987....

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Insurers continue to deny reasonably necessary medical treatment

In late 2012 the worker tripped and injured his left knee and right hand while at work....

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Workers comp weekly compensation benefits explained in an infographic

Everything you need to know about Workers Compensation weekly compensation benefits (in an infographic)....

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How to calculate your pre-injury average weekly earnings

As an injured worker you may be entitled to weekly payments of compensation. ...

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Is the Insurer Delaying Payment of Medical Expenses?

The interests of the injured worker and the insurance company are significantly different. The injured worker wants to receive treatment for their injuries as soon as possible and the insurer wants the injured worker to return to work as soon as possible and pay the least amount of compensation possible....

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Bullying by the insurer in workers compensation claims

The insurers’ main interest is to get you, the injured worker, back to work as soon as possible....

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Legal Costs In Workers Compensation claims explained

Legal support is available for injured workers who need help to make a claim or resolve a dispute about entitlements with their insurer....

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Workers comp medical expenses explained in an infographic

Everything you need to know about Workers Compensation (in an infographic)....

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Injury management explained

Injury management is the safe and long term return to work plan made for an injured worker....

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Insurers to pay for retraining and work assistance

An Insurance company has a variety of obligations to an injured worker, including retraining and work assistance....

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Medical expenses in NSW workers compensation claims

What medical and related expenses does the insurer pay?...

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What is a Section 74 Notice?

A section 74 Notice is a written decision from the Insurer declining the claim for either weekly compensation or medical expenses or both....

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Amount Payable for WPI Claims

As an injured worker you are entitled to compensation for your injuries depending on your degree of permanent impairment....

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Weekly payments explained in an infographic

Everything you need to know about weekly payments (in an infographic)....

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Sexual harassment in the workplace

What is Sexual Harassment?...

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Work injury damages (part 1)

An employer can be found negligent if they have breached their duty to their employee’s to provide a reasonably safe workplace whilst at work....

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Work injury damages (part 2)

The insurer takes over conduct of the claim and acts on behalf of your employer....

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Work injury damages (part 5)

The current rate of compulsory superannuation is 9% on gross loss or 11% on net loss....

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Work injury damages (part 3)

There are a number of situations where there can be negligence by an employer and also negligence of a non-employer....

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Work injury damages (part 4)

For Work Injury Damages claims against an employer, employees are entitled to claim a lump sum amount for loss of income only....

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Can a S.74 notice be considered a “work capacity decision”?

The NSW Workers Compensation Commission recently handed down a decision in a matter of Sabanayagam v St George Bank Ltd (2016) NSWWCCPD3....

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What happens if my workers compensation claim is declined?

If your workers compensation claim is declined, your Lawyer might be able to challenge it. ...

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An injured workers guide to injury management

Injury management is the planned safe and long term return to work of an injured worker....

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Weekly payments under the Workers Compensation Act NSW

If as a result of an injury at work you are either unfit for work or not fit for your normal duties, you may be entitled to weekly payments of compensation if you are suffering a loss of earnings....

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Only one claim for Permanent Impairment Compensation

The NSW Court of Appeal on 27 August 2015 handed down a decision in the matter of Cram Fluid Power Pty Limited v Green [2015] NSWCA 250....

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Amendments to the Workers Compensation Act

The proposed amendments to the Workers Compensation Acts received formal assent from parliament on Friday 21 August 2015....

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10 things you need to know if injured at work

An injury sustained at work can be a stressful time. Recovering from the injury, getting back to work and dealing with the workers compensation insurer is difficult. There are so many unknowns....

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Can annual leave be accrued whilst on workers compensation benefits?

A case study on workers compensation and annual leave....

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Superannuation payments while on workers compensation?

Superannuation is generally not payable while an employee is on workers compensation however there are exceptions....

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Workplace bullying – the targets perspective

Are you or someone you know experiencing workplace bullying?...

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What is a work capacity decision?

The NSW Workers Compensation system determines a worker’s entitlement to weekly payments of compensation....

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The role of the GP in the Workers Compensation Scheme in NSW

Following an injury at work the first person you normally see for treatment is your local General Practitioner. This doctor then takes on the role as the "Nominated Treating Doctor" for the purposes of the workers compensation scheme....

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Whole person impairment claims

You are only entitled to a lump sum amount of compensation if you obtain an assessment of greater than 10% whole person impairment....

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