Workers’ Compensation

As an employee, you are entitled to the most basic of rights – and that is safety at work.


Your employer has a duty of care to you. They need to pay for a compulsory form of insurance called Workers’ Compensation that covers employees if they suffer a work-related injury.

If you’ve been injured, your employer should lodge a claim with their insurer on your behalf. Depending on the seriousness of your injury, you may be entitled to a lump sum payment. This is over and above Workers’ Compensation – commonly known as an Occupiers Liability claim.


Am I eligible for workers’ compensation?

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.


How much compensation am I entitled to?

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


Is there a time limit for making a claim?

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.


Do you need a lawyer?

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.


How much do Workers’ Compensation lawyers cost?

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.


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