Workers’ Compensation

– Securing your wellbeing –

If you have been injured, either mentally or physically, you should notify your employer and they will lodge an insurance claim on your behalf.

To make a claim, you have to prove you’re a worker, you sustained an injury at your workplace and the injury was caused due to a negligent act of other workers, faulty work equipment or negligent workplace management. If you’re unsure if you qualify as an employee, it’s best to check your rights with Robert Bryden.

Bullying and harassment is one of the major claims we see at Robert Bryden Lawyers. Mental health is a significant factor in an employee’s wellbeing.

The following cases are covered by Workers Compensation Insurance.

• Temporary or permanent
• Full-time or part-time
• Self-employed person
• Persons who are considered employees

There are different types of injuries and illnesses covered by the NSW Workers’ Compensation Scheme, including injuries and illnesses that occur at work, as a result of work or while working. Different types of claims are available depending on the circumstances of the injury or illness and how it occurred.

If you believe you are suffering from a work-related injury or illness, a workers’ compensation lawyer can help you understand your rights and advise you on what claims you can make.

In NSW, the Workers Compensation Act provides financial protection to workers if they’re injured at work. You could be entitled to significant compensation.

Compensation can include:

• Weekly benefits until you can go back to work – typically a percentage of your regular weekly pay
• Covering medical bills for the treatment of your injury – e.g. physiotherapy
• Costs for rehabilitation or retraining if you’re not able to do the same job because of your injury
• Lump sum payment for permanent impairment
• Payment of legal expenses

The sum of rewards you can receive is determined by the following factors:

• Working conditions, such as supervision and training received.
• Injury severity and intricacy
• Personal injury management, including rehabilitation and future exacerbations.
• Employer Liability – Whether your injuries were caused by the negligence of your employer.

We can offer you a clearer picture of what to expect as your claim advances after meeting with you and understanding the specifics of your circumstance.

To file a workers’ compensation claim, you must do three things as soon as possible:

1. Notify your injury to your employer as soon as possible.
2. Consult a certified medical practitioner as soon as possible. You’ll need medical evidence to confirm your injury was caused by your job.
3. Make a claim with your employer’s health insurer.

The longer you wait, the more entitlements you may lose.

At this time, we recommend consulting with a workers compensation lawyer, who can assist you in obtaining the best possible conclusion.

Types of injuries for which you may be eligible for Workers Compensation:

• Industrial accidents
• Spinal injuries
• Back injuries
• Slipped disc injuries
• Arm injuries
• Hand or finger injuries
• Leg injuries
• Foot or toe injuries
• Head or eye injuries
• Brain Injuries
• Repetitive strain injuries
• Construction injuries
• Farming accidents
• Death dependency
• Cancer conditions
• Heart attacks
• Strokes
• Severe stress
• Fractures
• Neck injuries
• Soft tissue injuries
• Chemical and asbestos exposure
• Industrial asthma and other lung conditions
• Industrial deafness
• Infectious conditions
• Psychological conditions.
• Diseases caused by work
• Diseases or pre-existing conditions made worse by work
• Injuries suffered whilst travelling for work
• Injuries suffered while receiving medical treatment for a separate work injury

The time limit for making a claim is six months from the date of your injury, unless there are special circumstances.

If you’ve been injured, you should report your injury to your employer straight away, visit a doctor to get treatment and evidence of your injury and lodge a claim with your employer’s insurer as soon as possible.  You should also speak with Robert Bryden as soon as you can after your injury. If your claim is denied by your employer’s insurer, call immediately. You have rights.

Workers’ Compensation claims can be complex and that’s where Robert can ensure your successful outcome. Robert will help you understand what evidence you need to gather and guide you through the process.

Insurance premiums for employers may go up when claims are made, so there is often a push by the insurer and employer to get an employee back to work when they are not well enough. Having Robert Bryden on your side can prevent this happening.

Your weekly payments are reduced over time on a sliding scale, so Robert can also help protect your income and legal rights. Another thing to keep in mind is that if you reach over 15% WPI (whole person impairment), you can get a lump sum payment.

With over 40 years’ experience and nearly 10 years’ experience in the newly regulated Workers’ Compensation area specifically, Robert Bryden knows how to navigate this heavily regulated minefield. Over 70% of the cases we handle relate to mental health claims, an injury you cannot see. Robert knows how to handle these cases with care and compassion and get you the compensation you deserve.

If you are concerned about the security or stability of your job, you should know that it is illegal for an employer to fire you because you filed a workers’ compensation claim.

Furthermore, your injury may place you at a distinct disadvantage in the overall job market. The purpose of our workers compensation insurance is to report claims. We must hold negligent employers liable for workplace injuries caused by unsafe working conditions, insufficient supervision, or dangerous equipment. Because, at the end of the day, you should be able to go to work and return home without being injured or in pain.

In 2012, the Government implemented a scheme much like Medicare, where workers have their initial legal bills paid for by the IRO (Independent Review Office). IRO pays your lawyer directly once approved for your claim. Naturally, your lawyer needs to be IRO approved. Robert Bryden Lawyers are an approved IRO provider.

Once you approach Robert Bryden, we file a legal aid request application on your behalf and are paid by IRO to run your Workers’ Compensation claim. You do not pay our legal fees in this regard. For Occupiers Liability cases, our No Win No Fee policy applies – either way you are in the box seat.