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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 appriasal 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) 8518 1120

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 through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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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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