Category Workers Compensation

workers compensation

Do I Continue To Receive Workers Compensation Benefits If I Am Made Redundant?



Can I sue someone for emotional trauma in Australia?

The short answer is yes....


Can I be Fired Whilst on Workers Compensation?

It is an offence to dismiss an injured worker within six months of an injury....


How to Access your Medical Records & Information

Access to your health records and information along with the privacy of your health information is covered by the Health Records & Information Privacy Act 2002 (NSW) (HRIP Act)....


ICARE PIAWE Review and Remediation Program

ICARE NSW is inviting injured workers who received weekly workers compensation payments between October 2012 and October 2019 in NSW to come forward if they believe they may have been underpaid their weekly entitlements by the Workers Compensation Insurer. ...


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....


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....


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....


Whole person impairment claims – an update

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


PIAWE calculation and weekly payments

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


Sexual harassment in the workplace and an entitlement to compensation

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


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....


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....


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....


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....


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....


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....


Workers compensation claims: should you challenge a S74 notice?

What is a Section 74 notice?...


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....


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....


Understanding the importance of whole person impairment in compensation

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


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

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


Section 39 of the Workers Compensation Act

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


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....


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....


Can I change lawyers during my claim?

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


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....


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....


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. ...


5 frequently asked questions in workers comp claims

We have answered the 5 most frequently asked questions in workers compensation claims...


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....


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....


Whole person impairment claims

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

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....


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....


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....


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....


Workers comp weekly compensation benefits explained in an infographic

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


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....


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....


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....


Workers comp medical expenses explained in an infographic

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


Injury management explained

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


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....

Person with injured leg using crutches

Medical expenses in NSW workers compensation claims

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


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....


Amount Payable for WPI Claims

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


Weekly payments explained in an infographic

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


Sexual harassment in the workplace

What is Sexual Harassment?...


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....


Work injury damages (part 2)

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


Work injury damages (part 5)

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


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....


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....


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....


What happens if my workers compensation claim is declined?

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


An injured workers guide to injury management

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


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....


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....


Amendments to the Workers Compensation Act

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


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....


Can annual leave be accrued whilst on workers compensation benefits?

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


Superannuation payments while on workers compensation?

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


Workplace bullying – the targets perspective

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


What is a work capacity decision?

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


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....


Whole person impairment claims – Updated April 2021

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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Alternatively, we are available to talk through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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Yanthi S.
01:51 18 May 22
I engaged with Garling and Co to assist me for my weekly payment dispute with the insurance. I was upset with Natasha, as she didn't prepare me to the worse outcome or kind of negotiation in the... hearing. I assumed that as a Lawyer she should experience with the process or the way to solve the case. Even though I asked her what should I do or what would be happened in the hearing a week before but she didn't mentioned anything, and told me not do anything. But in the hearing she and the Arbitrator only gave me less than 5 minute to make decision and pushed me to accept the disappointed outcome and what she said totally different with what she said earlier. I don't trust her at all, her words is not consistent.I would like to express my appreciation to Matthew Garling who had stepped in to handle my weekly payment issue with the insurance. He is very professional, knowledgeable, easy to talk to and very humble. My disappointment earlier has melted away by his kindness and caring to resolve my issue which has came out the great outcome. Now I am satisfied with his expertise therefore I would not hesitate to let him to handle the case I might have in the more
Lynda S
00:34 04 May 22
For such complicated matters, it is extremely important to have a good team in your corner. The right team.Garling and co is just that and much more.They listen to you and care. They support you... during the entire process. You will have so many questions and they always return your calls and reply to your emails.Thank you so much to Renee, who explained everything to me and what to expect in details and really reassured me. The process felt less heavy and stressful because she was there. She was professional and so efficient. She took over my case from previous lawyer and I wish I could have met her first. She was available to answer the many questions I had along the way. There is also Kelli, she was the first person I got on the phone most of the time when I called and she is nice and very helpful, I had so many questions and doubts, I was stressed yet she had the patience to explain and seek answers to my questions.Natasha took over my case towards the end and she also was great in listening and supporting me and made sure to defend my best interests against the other side at all time.The Worker’s compensation process is very stressful, it can last for a long period. In my case it was three years and it is to the upmost importance to have people who treats you well, are professional and efficient.I am very satisfied with the outcome and I hope that this reviews helps the next person.Your assistance made the difference and I would have not been able to do it without your precious more
Melinda B.
23:57 04 Apr 22
Workers compensation and the medical-legal process is a complicated and a difficult process.If you are looking for a highly professional compensation/personal injury lawyer, I would without... hesitation definitely recommend Matthew Garling who is a genuine, caring & dedicated lawyer.Matthew, Allison Luck and co. are extremely professional, clear and concise with all communication and an exceptional support during the whole process of my claim, I felt confident and secure that I had made the right decision having Matthew represent me, they worked tirelessly and where 100% committed to getting me the best possible outcome.My case was complicated and Matthew never gave up fighting for me, he didn’t just take the first option for a quick and easy resolution.He and his team got me the best possible outcome for my WPI and I will be forever grateful for their hard work and diligence. I now have peace of mind knowing I have lifetime medical assistance and payment till retirement more
Jim M.
12:25 27 Mar 22
Garling and Co lawyers you have done again with Success for my TPD claim! Ms. Emma Perkins and her team have assisted my TPD claim with great success after the hard work, She is a very down-to-earth... person, professional, and highly knowledgeable with insurance claim law. She is very approachable and always willing to help and often reply my question of email after business hours. I will most delighted to recommend Garling and Co Lawyers. Ms. Emma Perkins and her team to any person who needs insurance claim law service like me. by Julieread more
Anthony N
22:13 17 Mar 22
I had Garling & Co Lawyers handle my workplace dispute, I could not be happier with the outcome, handled in such a professional way with excellent communication throughout the entire process.Natasha... and Kelli were very understanding in every aspect, requesting information via phone or email was never an issue, fast response times and helpful in every way. I HIGHLY RECOMMEND the team @ Garling & Co Lawyers. 👍read more
Yvonne M.
05:03 21 Jan 22
14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable more
University of Technology, Sydney
Member of Law Society of New South Wales
Law Society of NSW Specialist Accreditation
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