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

Yes, you are entitled to receive workers compensation.

Yes.  If you are receiving workers compensation payments and cease working for your employer, whether you are either terminated or made redundant, your right to claim compensation under the NSW Workers Compensation Act is not affected.

You continue to receive weekly payments and medical expenses, paid directly to you by the workers compensation insurer instead of through your employer.

What are my ongoing entitlements?

Your ongoing entitlements to workers compensation may vary and depends on many factors but can include the following:-

• Weekly payments of compensation to cover loss of earnings
• Payment of medical expenses
• Lump-sum compensation for permanent impairment. This is known as a claim for whole person impairment.
• A claim for Work Injury Damages, is a claim for damages when you sue your employer for negligence.

What happens if I am terminated before making a claim ?

If you did not make a claim for workers compensation prior to being made redundant or your employment being terminated, you are still able to make a workers compensation claim.  You should make the claim as soon as possible.

You need to obtain a workers compensation Certificate of Capacity from your general practitioner and forward this to your former employer.  Your employer is required to send the claim form to the workers compensation insurer who will make a preliminary determination of your claim.

How long do you have to make a claim ?

Workers compensation claims should be made within six months of the date of the injury but can be lodged up to three years later, depending on the circumstances of the injury.

If you need assistance with your claim, please do not hesitate to contact us as follows;

1. Complete our FREE case assessment form HERE
2. Email us at info@garlingandco.com.au
3. Give us a call on (02) 8518 1120 and talk to our specialised lawyers

Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.