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The State Insurance Regulatory Authority requires all NSW employers to have a workers compensation policy. If injured in the workplace, you may have the right to claim workers compensation. This also applies if injury is due to a work-related cause.
Who can claim workers compensation?
Ultimately, all employees can make a claim. That is, any staff member who receives wages and commission from a company. In some cases, contractors may also be able to bring a claim against a company that engages them for their services. However, injury from travelling to/from work does not fall under workers compensation claims. These claims can instead be filed under CTP laws.
Circumstances of a Compensation Claim
A workers compensation claim can be a result of:
- An aggravated pre-existing injury. This may be physical and/or psychological
- Someone suffering from a disease or injury where work was the main cause
- Entitlements to medical, hospital, physiotherapy and prescription costs
Making a Claim
Accordingly, the simple steps are as follows:
- If physically injured, seek first aid and report injury to employer
- Seek medical assistance
- Complete a Workers Compensation Claim Form
- Provide employer with all necessary documentation
- Lodge the claim with insurer including WorkCover NSW- certificate of capacity
As such, a decision of acceptance or dispute will be made within 21 days from the claim.
How can Workers Compensation Lawyers help?
In the process of filing a workers’ compensation claim, lawyers can assist by:
Advising on Procedures
Additionally, workers compensation lawyers understand the consequences of an accident. This includes physical, emotional and financial strain. Our role is to take this into consideration while you focus on the recovery. As the process is complex, the guidance of a personal injury lawyer may allow for a better outcome. Undoubtedly, consulting an attorney will provide greater insight as to how to proceed with the claim. Therefore, it is essential to start off on the right foot.
Taking Action
Moreover, individuals may receive weekly payments. As a result, this may cover medical and associated expenses. For some, a lump sum payment may also be the result. Similarly, considered in the outcome are damages for pain and economic loss too. To ensure entitlements are being met, olicitors will take action.
Pursuing Claim
In conclusion, a workers’ compensation lawyer will assist in the event of a claim being denied. In our process, we will:
- Gather evidence to support claim
- Negotiate with all parties to deliver a final outcome in your best interest
- Settle claim and ensure payment is being received.
To find out more about your claim, contact us at info@prominentlawyers.com.au.
The comments in the article are general in nature. Comments should not be relied upon as a substitute for professional advice. Anyone intending to apply the information contained in this newsletter should seek their own professional advice to independently verify their interpretation and the information’s applicability to their particular circumstances. This article is issued as a helpful guide to clients and for their private information. Therefore, it should be regarded as confidential and not be made available to any person without our prior approval.
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