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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. How can I claim workers compensation?

Claiming for workers compensation is quite simple.
If you believe you were injured while at work, then to claim compensation, you need to see your general practitioner and obtain a WorkCover Certificate of Capacity. The form that your doctor completes certifies that you have sustained an injury in the course of your employment, the type of injury, and whether you are unfit or partially fit for work. This certificate needs to submit to your employer. Your employer is then required to forward a copy to the workers compensation insurer to commences your claim.

3. What can I claim under workers compensation?

Once you have provided a copy of the medical certificate to your employer, the insurer will decide within 7 days if they accept your claim. Once the claim has is accepted, the insurer can pay compensation in the form of:

  • Weekly payments of compensation for loss of income.
  • Payment of all medical expenses.
  • Lump sum compensation for permanent impairment.
  • Potential claim for damages if the negligence of your employer caused your injury.

If the claim gets declined, they need to provide written notice of the reasons why it has been declined and provide a copy of any documents they rely upon in making that decision. This is called a S.78 Notice.

4. Do I need to pay legal costs in 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.

5. 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.

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