Workers Compensation Claim

Worker Accident Injury Compensation Claims

    Workers’ Compensation is compulsory insurance for all employers all over Australia, providing employees with protection if they sustain a work-related injury or illness. Companies who employ full-time, casual or part-time workers, under a written or oral contract or apprenticeship, are obliged by law to have  Workers Compensation insurance. If you are injured or contract an illness through your work, you may be entitled to make a claim under the Workers’ Compensation Scheme. The scheme may provide you with rehabilitation services, weekly benefits, some personal items, payment of your hospital and medical fees, and a lump sum payment for total and permanent impairment. The rules surrounding Workers’ Compensation are always changing, so talk to your PK Simpson lawyer if you have been injured at work or if you are suffering from a work related illness, and you will be guided and assisted in making a claim.

    For more than 38 years, PK Simpson Injury Compensation Lawyers have been helping the people of Australia claim and receive the Workers’ Compensation they deserve.

    We’ve successfully handled over 25,000 claims and helped thousands get their lives back on track. That is our speciality!

    Claim Workers Compensation

    How Does Workers’ Compensation Work in NSW?

    On January 1, 2019, the NSW Government’s Workers’ Compensation dispute resolution system reforms began, and they apply to all insurer decisions made after that date. The changes follow after State Parliament passed the Workers’ Compensation Legislation Amendment Act 2018. The reforms are meant to streamline the system to simplify the dispute resolution process for all concerned. The Workers’ Compensation Commission (WCC) is now the central body for dispute resolution. The changes are meant to:

    Circumvent disputes

    • Workers with a question or an unresolved complaint about a claim with the insurer can contact WIRO.
    • Workers with an unresolved complaint about their employer or a provider (e.g. a treatment provider) can contact SIRA.
    • Employers and others with a vested interest with a complaint or enquiry about Workers’ Compensation can contact SIRA.

    Check out the fact sheet(1).

    Claim Workers Compensation

    How Do I Claim Workers Compensation in NSW?

    If you or someone on a work site requires urgent medical care, you must attend to that first.

    For workers:

    You must let your employer know as soon as possible if you have been injured at work, or if you have a work-related illness and supply:

    • The time and date that the injury occurred
    • For an illness, when the symptoms began
    • A full description of how the injury occurred
    • A full description of the injury or illness

    If you wish to notify your employer’s Workers’ Compensation insurer, you may do so.  If you need more help, you can phone the Workers’ Compensation Independent Review Office (WIRO) on 13 94 76.

    For Employers

    If an injury to an employee is thought to be dangerous or serious, or if a worker has died as a result, you must immediately report it to Safework NSW(2) on 13 10 50.  An urgent investigation could be necessary, and it’s possible that preservation of the site will be needed until the inspector has completed an investigation. If an employer fails to notify an incident, severe penalties apply. Employers must record all work-related injuries and illnesses in their register of injuries, whether a claim is made or not.

    Time Limits

    Claims for Workers’ Compensation may be made up to six months after the date of the injury or death, and this may be extended to:

    • Three years after the accident in some cases where, for instance, the injured person is in another State or Territory or an honest mistake has been made.
    • If there is a reasonable excuse for a delay, claims for a very serious injury causing impairment or death may be made after three years.
    • If SIRA approves, a time limit of three years may be lifted.

    Contact the insurer for further advice or call WIRO on 13 94 76 for more information. Or call PK Simpson for expert legal advice.

    At PK Simpson, we represent anyone with a viable compensation claim, whether large or small, arising from injury or illness suffered as a result of:

    Motor Vehicle or Workplace Accidents – Inability to work due to injury or illness – Public or Private Place Accidents – Whole Injury Damages Claims (Common Law Claims) – Medical Negligence and TPD.