Compensation Law
Winning compensation law cases in your local community since 1987
Our Accredited Specialists will provide expert legal advice. They cover many areas to help you get the compensation you deserve.
We are here to support you navigate through the complex world of compensation law.
Our Accredited Specialists provide expert legal advice. They cover a wide range of areas. This helps you get the compensation you deserve. If you want to discuss your situation, call us. Our numbers are (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast). Contact us for an obligation-free consultation.
Can’t work due to illness or injury?
Our dedicated expert team of personal injury and compensation lawyers are here to help.
Coal Mining
If injured in a coal mine, the experience can be distressing. Fortunately, you may be entitled to compensation. Specifically, we have the expertise to help you. We can assist you if injured underground. This includes a pit top, or an open cut mine. After all, we know coal miners work in a particularly risky and harsh environment.
Having worked with miners for over 40 years we have the knowledge to understand the circumstances of an accident and to determine the best way forward to ensure maximum compensation.
If you suffer an injury at work or while commuting, you may claim compensation.
You must file this claim through the NSW coal miners insurance scheme.
Your rights in the mining industry
Employee rights in the mining industry in the case of an accident usually fall into 2 types of claim:
Category 1 – Workers Compensation
You may claim workers compensation through the coal miners insurance scheme in NSW if you suffer an injury at work or while commuting i.e
- weekly payments of compensation usually to 1 year after you are eligible for the Aged Pension. In some cases you are entitled to this for the rest of your life
- medical and treatment expenses for the rest of your life
- lump sum payments for loss of use or of efficient use of body parts. You may be entitled to more than one claim if the injury becomes worse
- lump sum payments for pain and suffering. You may be entitled to more than one claim if this increases over time.
Category 2 – Common law claims
In the case your employer was negligent, you may be able to sue for damages through a common law claim.
We work closely with mining engineers to make sure we get the best outcome for you.
Reach out to our experts in coal mining cases today on on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or via our enquiry form. In a free no-obligation consultation we will assess your case and work to get you the best possible outcome.
Free claim check
Find out if you have a claim in minutes with our free claim check tool.
No Win, No Fee
Local to Newcastle
Strong Since 1987
If you’ve been injured at work, you’re typically dealing with a lot – pain, time off work, medical bills, and a claims process that can feel like it’s designed to wear you down. You shouldn’t have to fight your employer’s insurer on your own.
Whitelaw McDonald has been representing injured workers across Newcastle and the Hunter for over 40 years. We’re not a national call centre – we’re your neighbours, and we’ve built our name on looking after local workers, tradies, nurses, and mining families when they needed it most.
What you can claim under NSW workers compensation
If you’ve been injured at work in NSW, you may be entitled to:
- Weekly payments – a percentage of your pre-injury average weekly earnings (PIAWE) while you’re unable to work or working reduced hours
- Medical and treatment expenses – doctors, physiotherapy, surgery, medication, and approved travel costs to appointments
- Lump sum compensation – for permanent impairment, once your condition has stabilised
- Work injury damages – a common law claim against your employer where their negligence contributed to your injury, in more serious cases
Compensation isn’t limited to physical injuries. Psychological injuries – including those caused by workplace bullying, harassment, or a traumatic incident at work – are also covered under the NSW scheme, and we regularly act for clients in this area.
Get in Touch
Not Sure if You Have a Claim?
Not a problem – get in touch with our team, or use our free online claim check form.
Why injured workers across Newcastle choose Whitelaw McDonald
We’re local – and we stay local.
Our Newcastle office is in Kotara, directly opposite Westfield Kotara, so we’re easy to find and easy to get to. We’re not a multinational firm with a satellite office here – we’re Newcastle born and based, and every case is handled by lawyers who live in this community.
Over 40 years of runs on the board.
Ross Whitelaw and John McDonald founded this firm in 1987. Since then, our team has recovered tens of millions of dollars for local workers and their families. Our team has decades of experience in workers compensation and coal mining injury claims, spanning thousands of clients from all walks of life.
Trusted by local unions.
We have strong ties with unions across the Hunter, serving as a referral partner of choice. Many of our clients come to us on recommendation from their union, workmates, or family and friends – because word travels fast here when a firm looks after its clients.
No Win, No Fee.
You don’t pay us unless we win your claim. In many disputed matters – such as challenging an insurer’s decision – legal costs can also be funded through the Independent Review Office’s ILARS scheme for workers compensation, so there’s often no out-of-pocket cost to you even when a dispute arises. We’ll explain exactly what funding may be available for your specific situation.
A free, no-obligation first conversation.
Before anything else, we’ll sit down with you – in person, over the phone, or at your home or hospital bed if that’s easier – and talk honestly about whether you have a claim, and what your options are. We explain the process so you understand what is involved in making a claim. No pressure, no charge.
We help with the practical stuff too.
A workplace injury doesn’t just affect your legal position – it affects your whole life. We help clients arrange transport to appointments, coordinate medical assessments, and liaise directly with your treating doctors so you’re not left chasing paperwork on top of everything else.
Most claims resolve without ever going to court.
The vast majority of workers compensation matters are settled through negotiation with the insurer, or resolved at conciliation through the Personal Injury Commission – not in a courtroom. We prepare every case as if it might go the distance, which is exactly why most don’t need to.
Who is covered?
Most people injured while performing work duties in NSW are covered, including:
- Full-time, part-time, and casual employees
- Apprentices and trainees
- Some contractors and subcontractors, where they’re legally considered “workers”
- Workers injured travelling to or from work, in some circumstances
- Coal miners and other workers under industry-specific schemes
If you’re not sure whether you’re covered, that’s exactly what your free case assessment with one of our lawyers is for – we’ll tell you plainly, one way or the other.
Important: NSW workers compensation law changed on 1 July 2026
Significant reforms to the NSW workers compensation scheme commenced on 1 July 2026, and they materially affect how long weekly payments last and when workers can access lump sum compensation for permanent impairment – particularly for psychological injuries.
What’s changed:
- Weekly payments for many claims are now generally capped at 130 weeks, down from up to 260 weeks under the previous scheme. Extensions beyond 130 weeks require meeting higher whole person impairment (WPI) thresholds.
- For primary psychological injuries, the WPI threshold for lump sum permanent impairment compensation has increased from 15% to 25% (rising further to 27% in 2027 and 28% by 2029).
- Some transitional protections apply to injuries notified before 1 July 2026 – but the rules here are complex and still being finalised by SIRA.
What this means in practice is simple: getting legal representation early is more important than ever. These thresholds affect exactly when and how your whole person impairment assessment is arranged, and that timing can significantly change what you’re entitled to. Whether your injury happened before or after 1 July 2026, our team can help you navigate the system.
What to do after a workplace injury
- Report the injury to your employer as soon as possible. This is the legal standard under NSW law, and there’s no fixed number of days, but the sooner you report it, the stronger your position.
- Get medical treatment and ask your doctor for a SIRA Certificate of Capacity. This document is central to your claim and needs to be kept up to date.
- Lodge your claim with your employer’s insurer. You generally need to do this within 6 months of the injury or diagnosis to protect your position.
- Get advice before you sign anything or accept an offer. Insurers are not on your side – they’re managing their own costs. A conversation with us costs nothing, and can save you from accepting far less than you’re entitled to.
- If your claim is disputed or delayed, you can seek help from the Independent Review Office (IRO), and ultimately have the matter determined by the Personal Injury Commission. We handle this process for our clients from start to finish.
What happens if my claim is disputed?
It’s common for insurers to dispute part or all of a claim – particularly around weekly payment amounts, whether an injury is work-related, or the degree of permanent impairment. If this happens to you:
- You (or we, on your behalf) can request an internal review by the insurer.
- If unresolved, the Independent Review Office (IRO) can assist, and in many cases fund your legal costs to pursue the dispute.
- Matters that remain unresolved can be referred to the Personal Injury Commission for an independent decision.
We manage this entire process for our clients – most people never have to deal with an insurer directly once we’re on the case.
Our Workers Compensation Lawyers
Specialist coal mining injury representation
The Hunter has the largest coal mining workforce in NSW, and mining injury claims carry their own rules, risk factors, and industry-specific schemes on top of the general workers compensation framework. With 45 years’ in law, Whitelaw McDonald’s Stuart Barnett is one of the most experienced lawyers in coal mine compensation law in NSW and has spent decades specifically in this space – including underground and open cut claims, dust disease exposure, and hearing loss claims common in mining roles. Similarly, Laura Barnett has over a decade in personal injury law predominantly in the coal mine space, regularly appearing before the District Court and also appearing in the Supreme Court in coal mine common law and third party common law claims.
If you or a family member works in the mining industry, read more about our coal mining injury claims here.
What our clients say
“Had a great experience with Matt working through my case with a fantastic result. Would definitely recommend him if you need a lawyer after being injured at work.”
Ben L., workers compensation claim
“I would like to sincerely thank you for all the hard work you put into my compensation claim. With your professional, knowledgeable, caring and ability to explain, whilst keeping me calm has been outstanding. You are a credit to your profession. It has been an absolute pleasure to communicate with both John and Craig. I am now relieved that this is behind me and can really concentrate on getting myself fully recovered. Once again, many thanks.”
John S., workers compensation claim
“Thank you to Whitelaw McDonald for successfully winning my workers compensation case. Highly recommend Stuart Barnett who was extremely professional and knowledgeable and his assistant Terissa who was there from the beginning . She was always available and extremely helpful throughout the process.”
Glenn B., workers compensation claim
Where to Find Us
Our Newcastle office is located at 5/76 Park Ave, Kotara NSW 2289, directly opposite Westfield Kotara, so we’re easy to find. We’re close to public transport, and there is plenty of parking nearby.
We have a wheelchair-accessible entrance including a ramp and an elevator. In addition, if you can’t come to us, we also offer home and hospital visits.
Frequently Asked Questions
Generally, yes – casual employees are covered in the same way as full-time and part-time workers, provided your work meets certain criteria around regularity. Some contractors are also covered if they’re legally considered “workers” rather than genuinely independent operators. It’s worth getting this checked properly, as the distinction can be more complicated than it sounds.
It depends on your injury, your income before the injury, and how it affects your ability to work now and in the future. This can include weekly payments, medical expenses, and – for more serious or permanent injuries – a lump sum payment or a work injury damages claim. We can give you a realistic picture of your position after an initial assessment.
You should notify your employer as soon as possible – there’s no fixed number of days, but earlier is always better. You then generally need to lodge your claim with the insurer within 6 months of the injury or diagnosis. Don’t wait – delays can complicate your claim, even if you ultimately still have a case.
You have the right to have the insurer’s decision reviewed, first through internal review, then through the Independent Review Office (IRO) if needed, and ultimately the Personal Injury Commission. We handle disputes for clients regularly and can take this over for you at any stage.
We act on a No Win, No Fee basis. In many disputed matters – such as challenging a decision by your insurer – legal costs can also be funded through the Independent Review Office’s ILARS scheme, provided your case meets their funding criteria. We’ll explain exactly what funding may apply to your situation during your free initial consultation.
Yes. Psychological injuries arising from workplace bullying, harassment, or a traumatic work event are covered under NSW workers compensation law, though recent legislative changes (from 1 July 2026) have altered the whole person impairment thresholds for lump sum compensation in this category. We can talk you through what this means for your specific situation.
In some circumstances, journey claims are covered under NSW workers compensation. Whether your situation qualifies depends on the specifics of your trip and the circumstances of the injury – this is one we’d need to talk through with you directly.
It varies significantly depending on the complexity of your injury and whether the insurer disputes any part of your claim. Many claims are resolved through negotiation within months; more complex or disputed matters, particularly those involving permanent impairment or work injury damages, can take longer. Most matters are resolved without ever going to court.
Get in touch today
You don’t need to have all the answers before you call us – that’s what we’re here for. Whether you’re not sure if you have a claim, you’re partway through a claim already and want a second opinion, or your claim has been disputed, get in touch for a free, no-obligation conversation.
If you have been injured at work and would like to understand if you may have a claim, speak to our experts today (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Whitelaw McDonald is passionate about serving and winning for our local communities, with offices in Newcastle and the Central Coast.
If you would like an obligation-free consultation to see how we can best help you, or simply have questions, get in touch using our contact form or call 02 4941 8999.
Injured at work?
If you have been injured or become unwell due to your work, you may be eligible for workers compensation benefits.
Suffered a mining injury?
If you have been injured in an underground or open cut mine, you may be eligible for workers compensation benefits.
Meet our experts
Our team of highly specialised experts will work tirelessly to get you the compensation you deserve.
Asbestos
If you suffer an asbestos disease, talk to us immediately. This is also true if you think you’ve had exposure to asbestos.Our expert team will guide you through investigating exposure and build your case, so you can focus on feeling well.
Asbestos was used extensively in many industrial environments until the mid-80s, and people were exposed to it in construction, mining, shipping and dockyards and power plants. It appeared ideal for use in pipe and boiler insulation, fireproofing material, cement, brake linings and in building panels.
You may have been exposed to asbestos otherwise. Think of schools or hospitals during renovations. Exposure also happened when washing dusty overalls or playing in a backyard containing crushed asbestos
It’s fibres can stay in your lungs for a long time after inhalation. They cause scarring and inflammation, which affects breathing and leads to serious health problems.
You may be entitled to claim if you are suffering from:
- mesothelioma – cancer of the lining of the lung or abdomen lining
- asbestosis – lung scarring or fibrosis
- asbestos lung cancer
- pleural thickening and plaques – scarring around lung or lung lining.
To discuss any concerns you have around asbestos and the impact it has had on your health, call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Car Accidents
If you have suffered injury as a result of a car accident, you may be entitled to compensation to get back on your feet.
You may be in the car, a cyclist, a pedestrian hit by a motor vehicle, bus driver, taxi driver or someone injured on public transport.
Under the motor accidents legislation you have important obligations that you must comply with that are time sensitive. You are required to report the accident to the police within 28 days if the police did not attend the scene, and you must notify the relevant insurer preferably within 28 days of the accident, but definitely within 3 months.
Everyone, regardless of who is at fault, is entitled to recover some statutory benefits under legislation, which includes weekly payments if you are unable to work and medical expenses. Those benefits are payable for the first 52 weeks or 1 year.
If you weren’t at fault, you can claim further weekly payments. This applies if you didn’t contribute over 61% to the accident. Your injury must be more than minor. You are entitled to medical expenses for life.
Our expert lawyers can work through this difficult legislation. They will advise you on any negligence claim against the at-fault driver.
Time constraints apply, so get in touch quickly. We will guide you through the claim process. This lets you concentrate on your health. Call us today about your potential car accident claim: (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast).
Dust Disease
If dust or fumes cause your respiratory disease, you may claim compensation. Contact us today to handle your entitlements. You can focus on feeling your best.
There are many types of respiratory disease including:
- pneumoconiosis – also known as black lung disease, caused by inhaling coal dust, typically in coal mining.
- silicosis – caused by inhaling silica dust (or chrystalline silica) from sand and rock, primarily in mines, quarries, and in occupations such as sandblasting.
- chronic obstructive pulmonary disease/chronic obstructive airways disease (known as COPD/COAD) – includes chronic bronchitis, asthma and emphysema.
- byssinosis – also known as brown lung disease, caused by exposure to cotton dust, or other vegetable fiber dusts like flax, hemp or sisal. Commonly occurs in those who work in cotton mills, yarn and fabric manufacturing industries.
If you are diagnosed with a dust disease, you may be entitled to compensation under:
- workers’ compensation schemes
- common law, if you lodge a claim within 3 years of diagnosis
- superannuation
- insurance policies
- product liability claims.
If you think your health has been impacted by any sort of dust disease, we have the expert knowledge to work with you to get the compensation you are entitled to. Get in touch today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Medical Negligence
No one is perfect and despite the high standard of medical and nursing care in New South Wales, accidents can happen and things can be missed. Errors in medical procedures and diagnosis can occur from even the most qualified and experience medical practitioners. Some of those errors may include:
- misdiagnosis or diagnosis delay
- surgical errors
- injuries sustained during birth, including stillbirths and neonatal deaths
- dental malpractice
- failure to refer for investigations, specialist advice or emergency treatment
- defective medical products
- anesthesia errors
- prescription and medication errors.
Claims for medical negligence are very complex and difficult cases. To run a successful claim requires special expertise in the field. Our Accredited Specialists at Whitelaw McDonald have the experience to advise you on your situation to get the best outcome for you. Call us today on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Personal Injury & Public Liability
If you have been injured in a public or private place, such as a shopping centre or someone’s home, you may be entitled to compensation under public liability law. This will often be due to a failure by someone to make the premises safe. These claims can be tricky to navigate, which is why you need the best expertise – call us so we can help you claim what you are entitled to and move forward. Generally there are strict time limits on when the claim can be made, so get in touch today.
Claims may include:
- injuries sustained in public places such as parks, supermarkets and shopping centres
- injuries sustained at private locations such as homes and reception lounges
- dog or other animal attacks.
You may be entitled to compensation for:
- pain and suffering, loss of enjoyment of life caused by physical injury, psychological injury or both
- loss of past and future earnings
- past and future medical treatment and care expenses
- past and future costs related to voluntary care from a loved one (for example, a family member taking care of you)
- past and future damages for loss of capacity to care for dependents.
If you are suffering what you think might be Total Permanent Disability due to injury, call now and speak to our experts in personal injury law on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Police Officers
If you or a family member is a police officer in New South Wales, we are the right people to help you with your unique legal needs. Your job is risky by nature, and you may often find yourself in situations which can result in injury. That’s why police officer legal support is essential for navigating these challenges effectively.
These workplace injuries may include:
- post-traumatic stress disorder (PTSD)
- injuries related to being assaulted
- car accidents while working.
If you are injured as a police officer, report your injury immediately. This applies if you cannot work due to a psychological condition. You must see your doctor for a medical certificate. SIRA guidelines dictate the correct form.
Get in touch today so we can take the stress out of managing the legal process and you can focus on recovery. Call on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or Contact Us for an obligation-free consultation.
Institutional Abuse
Institutional abuse involves cases that involve, for the most part, minors who were abused either physically, sexually or psychologically by those in authority. Abuse can occur at school, at church, in foster care or juvenile detention and you may have a right to compensation. Even if it happened a long time ago and was never reported, you may still be able to claim compensation and seek justice for any harm endured.
Understanding Personal Injury Claims
Survivors have the right to seek compensation for physical injuries, emotional distress, and other forms of harm inflicted upon them while under the care of an institution. These claims may vary depending on the nature and extent of the abuse. That claim can include compensation for pain and suffering (and possibly including aggravated damages), past and future loss of income, past and future medical expenses. Compensation will be payable either by the person who inflicted the abuse, or the institution who employed the offender. While money will not repair any physical and psychological damage caused by years of abuse, it can assist with medical treatment costs and living costs for those who struggle to maintain full-time employment.
In child sexual abuse matters, the court may award aggravated damages. These damages compensate for hurt and humiliation. If the offender’s post-abuse behavior increases mental harm, aggravated damages may apply. This includes denying clear liability.
Family members previously could not claim damages. But in 2024, the High Court made a key decision. The father of a deceased son can now pursue damages. He suffered shock learning of his son’s abuse in the mid-1990s.
In New South Wales, there is a statute of limitations that sets a time limit for filing personal injury claims. Institutional abuse cases involve sensitive issues. The legal system recognises delayed reporting by survivors. Recent legislation extends the claims timeframe. This helps survivors who couldn’t report sooner. Crucially, there is no time limit to bring a claim if the abuse happened when the person was a child.
You will be required to document the abuse you suffered. You must gather supporting evidence. This includes medical records, photographs, and witnesses.
Seek legal advice from our specialised lawyers who will handle your case with sensitivity. It is not an easy thing. We will explain your rights, assess how likely your claim may be to succeed and outline any potential outcomes. Contact us now for a free no-obligation consultation on (02) 4941 8999 (Newcastle) or (02) 4343 7000 (Central Coast) or via our enquiry form. Time limits may apply in matters other than sexual abuse so you should find out your legal rights as early as possible.
