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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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Industry Experts: 20+ years of experience

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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.

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

Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for me.read more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to others.read more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many thanks.read more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent me.read more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

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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