Statutory Claim
We support clients to make Work Injury Damages claims by, preparing documents, obtaining medical evidence, collating evidence and making sure that your claims meets the legal requirements. The process includes:
We’re experts in workers compensation law, with over 20 years of experience helping injured workers across Sydney & NSW. Our accredited specialists guide you through every step and fight to secure the compensation you deserve.
The NSW Workers’ Compensation system is designed to support employees who are injured at work or suffer from a work related illnesses.
At Garling and Co we represent clients that we believe are eligible to make a Work Injury Damages Claim. These clients begin their journey with a no fault statutory Workers Compensation Claim. We assist in obtaining a Whole Person Impairment (WPI) of greater than 15%.
Many clients change lawyers to Garling&Co after they have obtained the 15% WPI, recognising they need more skilled lawyers to ensure the best result in their Workers Injury Damages Claim.
Examples of workplace injuries and experiences that may qualify include:
We provide specialist legal support for a variety of workers compensation claims.
We support clients to make Work Injury Damages claims by, preparing documents, obtaining medical evidence, collating evidence and making sure that your claims meets the legal requirements. The process includes:
You have made a workers compensation claim against your employer and your claim is accepted. You are receiving weekly payments for loss of income and payment for medical expenses. You will then need to have your whole person impairment determined to be at least 15% to make a Work Injury Damages claim.
If your claim has been declined by a Section 78 Notice you need to challenge this decision and have payments reinstated before you can make a Work Injury Damages claim. We can assist challenging the insurer decision if we believe you can make a negligence claim against your employer.
The WPI needs to be agreed with the insurer or determined by the Personal Injury Commission to be at least 15%. We can help ensure the best possible WPI is obtained for your injuries. This is crucial to ensure you can make a WID claim.
The insurer can dispute your capacity for work and attempt to reduce or stop your payments if they have evidence that you are capable of working more than your medical certificate as certifies by your GP. This is known as a work capacity dispute.
Evidence will need to be obtained to allege breach of duty of care on behalf of your employer, that is, your employer failed to take reasonable care to avoid a foreseeable injury.
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
Unsure? Give us a call
Workers who suffer work-related injuries are entitled to benefits under NSW workers’ compensation laws. These benefits include medical expenses, loss of income support, permanent injury compensation and possibly a damages claim for negligence.
You may be entitled to claim payments for reasonably necessary medical expenses and care needed due to your injury;
GP and specialist consultations.
Payment for all medical costs associated with a hospital stay
Payment for all medications needed for your injury
Rehabilitation and return to work services
You are entitled to claim reasonable physiotherapy services and other like allied health treatment.
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Behind every successful claim is a team that genuinely cares. Our workers' compensation lawyers in Sydney work together to guide you through every step of your claim, giving injured workers across NSW the personal attention and expert representation they deserve.
Matthew has been an Accredited Specialist in Personal Injury Law since 2005 and was admitted as a lawyer in 1998. With more than 30 years of experience, he is widely recognised as a leading lawyer in personal injury law in NSW.
He founded Garling & Co with a clear purpose: to provide high‑quality representation to people seriously injured through the negligence of others. Matthew’s calm approach, deep expertise and unwavering commitment to his clients consistently deliver outcomes that make a meaningful difference in their lives.
Senior Legal Support Specialist
Paralegal
Client Support Specialist
An Accredited Specialist since 2022, Kerry brings over 15 years' experience and a deep understanding of the intricacies of personal injury law. Approachable and passionate about helping people in need, she consistently delivers great outcomes for her clients.
Paralegal
Legal Support Specialist
If you have been injured at work and have sustained a permanent injury that has stabilised, you may be entitled to lump sum compensation claim for permanent impairment.
Enter your injury date and assessed WPI percentage to calculate your estimated lump sum entitlement. This applies to permanent impairment claims under section 66 of the NSW Workers Compensation Act.
At Garling & Co, we offer highly experienced accredited specialists in personal injury law. Our team has an in-depth understanding of the complexities of personal injury law and the tools to navigate the system to our clients’ best advantage.
Got questions about your workers' compensation claim? We've answered the most common ones to help you understand your rights, entitlements and next steps.
If you have sustained an injury in the course of employment, you must undertake the following steps:
Step 1. Notify the employer of the injury as soon as possible
Step 2. Record the injury in the employer’s register of injuries
Step 3. Obtain a Workers Compensation Medical Certificate of Capacity from your general practitioner or hospital
Step 4. Notify the insurer of the injury (get the insurer’s details from your employer who must provide the name when requested)
Step 5. Ensure that the Certificate of Capacity and all Medical bills or expenses are given to the employer and a copy to the insurer
A claim for Workers Compensation should be made as soon as possible following an injury or otherwise within 6 months of the injury, accident, or death.
If there is a failure to claim within 6 months and that failure is the result of ignorance, common mistake, or absence from the State, then a claim for workers compensation can still be made.
If the claim is not made within 3 years of the date of injury, accident, or death, then the claim cannot be made unless the injury resulted in the death or serious injury of the worker.
At Garling & Co Lawyers, we treat our clients with respect and support them through this difficult process. Our lawyers are accredited specialists in personal injury law, with extensive experience in workers’ compensation who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us:
Key Organisations for Workers’ Compensation in NSW
Navigating a workers’ compensation claim in NSW means dealing with several key organisations. At Garling & Co, we work closely with each of them on your behalf to ensure you receive the best possible support and representation.
icare: icare provides workers in NSW with financial support, medical treatment and rehabilitation services after a workplace injury or illness. We coordinate your treatment and rehabilitation through their network of healthcare providers and ensure icare continues to meet your needs throughout your recovery.
SafeWork NSW: SafeWork NSW is the state’s workplace safety regulator, responsible for licensing, investigating incidents and enforcing health and safety laws. We help you report workplace incidents with all necessary information and work alongside SafeWork NSW during investigations to gather evidence and provide legal representation.
SIRA SIRA regulates insurance schemes and addresses complaints about insurers in NSW. We prepare and file complaints on your behalf, represent you during mediation sessions with SIRA and assist with appeals if your complaint is not resolved satisfactorily.
PIC (Personal Injury Commission) The PIC resolves disputes in both workers’ compensation and motor accident claims. We file applications for dispute resolution, prepare detailed submissions on your behalf and act for you in mediations and dispute resolution proceedings.
By working closely with these key organisations, we ensure our clients receive the best possible support and representation in their workers’ compensation claims.
The simple answer is no. The NSW Government has adopted a legal aid type scheme known as ILARS. This service pays for all legal costs associated with making a worker’s compensation claim. Your lawyer will make an application to ILARS for funding to pay for your legal costs.