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Workplace Injury Claims

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.

Complete our free case appraisal form to find out how we can help you with your claim.

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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:

  1. Provide first aid and make sure you get the right care
  2. Notifiy the workers compensation insurer of the injury within 48 hours
  3. 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 info@garlingandco.com.au or (02) 8329 9500

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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You won’t be required to pay any fees until we win your case.

Industry Experts

We’re industry experts with over 20 years of experience.

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Our team of expert injury lawyers will help you get maximum compensation.

Jo L.
05:58 07 May 24
So very impressed with the professional team who looked after me throughout the last 4 and 1/2 years. A special mention to Kerry and Nathan who navigated each request to fight for my right to gain... access to further treatments and physio and to ensure medical treatment would be covered moving forward. I was so grateful I could hand it all over to you and not have to go through this very challenging time without your support.I thank you for the compassion you have provided to me, from the first contact with Matthew and Natasha, to finalisation with Kerry and Nathan.I highly recommend the team at Garling and Co for any third party compensation claims. You are in good hands with them all.read more
Linda O.
21:53 06 May 24
Emma, Rebecca and the team at Garling and Co have worked diligently throughout my workers compensation claim. The level of professionalism, support and communication has been faultless. Of particular... note has been the sensitivity displayed to me throughout the lengthy process. Worker’s compensation claims are complex and not easy to navigate, particularly when you are unwell. I do not hesitate to recommend Garling and Co to help you find a way through this otherwise unfathomable system.read more
Keith H.
20:51 23 Apr 24
After my case stalled with another firm, I decided to give Matthew Garling a call. He took my case and not only won, but achieved an outcome that far exceeded my expectations. This firm is the best... in the business in my opinion and I wouldn't hesitate to recommend them to anyone.read more
Anthony T.
00:50 16 Apr 24
Thank you Matthew and his team who guided me through the legal process, a truly positive experience with total professionalism.
Mikaele N.
03:01 15 Apr 24
Garling &Co Lawyers were awesome, I called every compensation law firm and was told that I couldn't claim for compensation.The whole experience and process was simple and stress free.Mr Matthew... Garling and Allison deserve an accolades for the very best in client service. I would highly recommend their service to anyone.read more
Tamara L.
02:10 15 Apr 24
I want to thank Garling & Co so much for all the help they have given me and helped with my claim. We got the win last week and it was the best news I have gotten considering how much my life has... been turned upside down the past 2 years. Emma and Rebecca have been incredible to work with and explained everything from the start even when I had hesitation to go ahead regarding how much everything would cost or how fair it could go or even if I had a chance, but they explained everything thoroughly, so I understood it all. Thank you for making this process seamlessly easy and helping me get the win it will make things a little easy for me that's for sure financial thank you for all your help I cannot recommend you and your services enough. Thank you again.read more
Sigrid W.
05:01 11 Apr 24
Utter professionalism from first phone call to final settlement. It was a pleasure to be represented by a firm that actually cares for their clients. From office staff, to paralegal and solicitor... Rebecca, Emma and Matthew thank you for your support and expertise throughout my claim. No wonder your firm has won many awards. I'm extremely happy with my outcome and can confidently recommend your firm.read more
BJ S.
01:09 09 Apr 24
Highly recommend Matthew & Allison at Garling and Co ! Quick response ! helpful every step of the way ! If you want the best compensation lawyer, Matthew @ Garling and co is the bestDoesn’t waste... time. Very informative ! excellent guidance! They get the job done ✅Website is perfect guide5 Star ⭐️ is not enoughI’m so grateful to Matthew, Allison and team for my outcome so far !Thank you 😊 Garling and co are awesome 👏 🤩read more
Jaimie K.
06:11 02 Apr 24
Have had a rollercoaster ride with Garling and Co over the several years we have been battling the system that injured workers are faced with. The wheels of progress are slow within this system.... However Garling and co have always stood by me. Calls are returned and matters are always followed up in a timely manner.read more
Tyson Langanke (Five Star W.
00:30 02 Apr 24
I cannot recommend Matthew highly enough for anyone seeking a compensation lawyer. From the moment I reached out, Matthew went above and beyond to ensure that I felt supported and informed throughout... the entire process. No question was too simple for him, and he patiently took the time to explain every step we were taking, alleviating any stress or confusion I had.He not only provided expert legal guidance but also ensured that I fully understood the intricacies of my case. His clear communication made me feel confident and reassured during what could have been a daunting experience.Thanks to Matthew's exceptional expertise and personalized approach, I was able to navigate the complexities of my compensation claim with ease. His professionalism and genuine concern for my well-being truly set him apart.read more

Frequently Asked Questions

1. What should you do if you get injured in the workplace?

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.

2. Why Garling & Co Lawyers?

Garling & Co Lawyers are one of NSW’s leading work-related injury law firms and have experienced lawyers acting on behalf of those injured in the workplace. We have a 98% success rate and will assist you through the whole claims process.

3. What is a Work Injury Damages Claim?

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.

4. Am I eligible to make a Work Injury Damages Claim?

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 Workers Compensation 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.

5. What compensation can I receive under 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.

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