Workplace Injury
Workplaces can be dangerous. Care must be taken by the employer to ensure as far as possible that their employees do not sustain workplace injuries whilst during their employment.
People spend most of their day at work and under the direction or supervision of the boss and are at a risk of sustaining injury if care is not taken.
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Injuries at work
How do injuries happen?
The Australian Bureau of Statistics states that approximately 5% of males and 3.6% of females will sustain an injury at work or work-related illness each year. The highest work related injury or illness rate by age group was in the 50-54 year old age group followed by the 15-19 year old age group.
Occupations that experience the highest rate of workplace injuries are as follows:
- Machine operators and drivers
- Community and personal service workers
- Technicians and trades workers
- Labourers
The industries with the highest work related injuries were:
- Manufacturing
- Transport
- Postal and warehousing
- Agriculture, forestry and fishing
Injuries usually occured due to:
- Lifting, pushing, pulling or bending
- Hitting or being hit or cut by an object or vehicle
- Falling
- Repetitive movement
What to do if you are injured at work
If you receive an injury in the course of your employment you must notify your employer immediately. The employer then should:
- Provide first aid and make sure you get the right care
- Notifiy the workers compensation insurer of the injury within 48 hours
- Record it in the register of injuries at the workplace
If you have sustained an injury that prevents you from working or you need medical treatment, you should attend your general practitioner and obtain a WorkCover Certificate of Capacity and provide this to your employer. This is the document that starts a worker’s compensation claim.
If the injury results in the death of a person, a serious injury or illness of a person or a dangerous incident, the employer must notify SafeWork NSW immediately on 13 10 50 as an investigation may be undertaken by SafeWork NSW in relation to the incident.
If you require any assistance or would like further information on workplace injuries, compensation or damages, please complete our free case assessment form online, or contact us on or (02) 8329 9500
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I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
Workplace Injury Frequently Asked Questions
If you are injured in the workplace or if your psychological health has been affected, you may be eligible to claim workers compensation.
Any worker who sustains injuries at their workplace or as a result of their employment, which includes aggravating any pre-existing injury or illness, can claim compensation. Workers Compensation law in NSW is complicated, and you can obtain the assistance of a lawyer for free.
We have a team of specialist workers compensation lawyers who are familiar with these types of claims and are ready to assist you.
Garling & Co Lawyers are one of NSW’s leading work-related injury law firms and have lawyers who are experienced in acting on behalf of injured labourers and tradesmen. We have a 98% success rate and will assist you through the whole claims process.
In addition to the “no-fault” Worker Compensation scheme, there is an entitlement by an injured worker to obtain lump-sum compensation for “modified common law damages.”
To make such a claim, you need to demonstrate, on the balance of probabilities, that the injury was sustained as a result of the fault of your employer.
You may be able to sue your employer as a result of your employer’s failure to take reasonable care of you while in the course of your employment. That is that the employer was “at fault” in causing your accident.
This is, in short, suing your employer for negligence.
You make this claim if you would like to obtain a lump sum amount of compensation for loss of income rather than receiving weekly payments from the insurer.
To be eligible to make a Work Injury Damages claim, you must be able to demonstrate the following: ‑
- You must be able to demonstrate negligence on behalf of your employer or a fellow employee. Negligence is a breach of your employer’s duty to take reasonable care while you are in the course of your employment.
- You must also have a permanent impairment equal to or greater than 15% whole person impairment assessed by an independent doctor appointed by the Personal Injury Commission or as agreed with the insurer.
If both of these matters can be established, then you have an entitlement to seek payment of compensation in the form of damages. This is known as a Work Injury Damages claim.
Damages are a form of monetary compensation payable as a one-off lump sum.
Damages are usually payable for things such as pain and suffering, past and future medical expenses, past and future loss of income, and past and future care and assistance.
The Workers Compensation Legislation, however, has modified the Common law of Australia and restricted an employee’s entitlement to damages by allowing payment of compensation for loss of income only.
Damages under a Work Injury Damages claim are only payable for past and future loss of income. You are not entitled to claim damages for pain and suffering, future medical treatment, or future care and assistance in any claim against an employer.
If you elect to proceed with a claim for work injury damages and are successful in obtaining a lump sum amount to represent your past and future loss of income, then your remaining entitlements to workers compensation will cease. You are no longer entitled to claim any weekly compensation, medical expenses (past or future), domestic assistance, or rehabilitation assistance. It is a full and final settlement of your rights and entitlements under the Workers Compensation Act.
The restriction on damages only applies to employers; it does not apply in any claim against a non-employer.
Find out more about accident compensation in your industry
Office Workers Injury Compensation Lawyers in Sydney & NSW
We Specialise in Assisting Office Workers Throughout New South Wales.
Hospitality Workers Compensation Lawyers in Sydney & NSW
Hospitality is a demanding industry, and the work undertaken by hospitality workers can come with physical and psychological injury risks.
Injury Lawyers for Tradies in Sydney & NSW
Working in the trades in NSW presents unique challenges and risks. Whether you’re an electrician, plumber, carpenter, or involved in high-risk work like scaffolding or formwork, understanding your rights under NSW workers compensation is essential.
Warehouse and Factory Workers Compensation Lawyers in Sydney & NSW
If you are injured while working in a warehouse or factory, you should immediately seek medical assistance. You are also likely to be entitled to claim workers compensation.
Emergency Service Workers Compensation Lawyers in Sydney & NSW
Emergency workers such as Paramedic’s, firefighters and police officers are faced with job challenges that most workers never experience.
NSW Health Workers Compensation & Nurse Injury Lawyers
If you are injured while working as a nurse or aged care worker, you should immediately seek medical assistance. You are also likely to be entitled to claim workers compensation.
FAQs
We have a list below of the most common questions we get asked about personal injury lawFind out more about Workers Compensation
Bullying & Harassment
An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.
IRO
The Independent Review Office (known as IRO) primary function is to help resolve workers compensation disputes and complaints quickly, fairly and justly, without the need for a lawyer.If you have a question, complaint or dispute with the workers compensation insurer, you should initially contact IRO for assistance. If IRO is unable to help you, funding can be obtained for legal costs to help you with the dispute with the insurer.
SIRA (State Insurance Regulatory Authority)
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating workers compensation, CTP insurance as a result of a motor accident, workers and home building insurance.
Workcover Claims
Since September 1 2015, WorkCover functions have been assumed by three new organisations:SafeWork NSW – NSW’s primary regulator for workplace health and safety.
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating CTP insurance as a result of a motor accident, workers compensation and home building insurance.
icare – icare (Insurance and Care NSW) offers insurance and care services in NSW.
Weekly Payments
If you have sustained an injury during your employment and are unfit for work or fit for suitable work only then you are entitled to obtain weekly payments of compensation from your employer’s workers compensation insurer.
Permanent Impairment
If you are injured during your employment and your injuries are permanent, you may be entitled to make a lump sum permanent impairment claim.A lump sum permanent impairment claim is separate to your weekly payments claim. If you are successful in your claim for lump sum compensation you will still be able to receive weekly payments of compensation and medical expenses.
Medical Expenses
If you have had an injury at work, in accordance with section 60 of the Workers Compensation Act 1987, the worker’s compensation insurer is required to pay all “reasonably necessary” medical expenses.
Work Injury Damages
All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.
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