If you have been injured at work in NSW, it is important to know that you are protected. All employers in NSW are required to hold workers compensation insurance, which means you are entitled to financial support while you recover. But knowing what to do in the hours and days after a workplace injury can make a real difference to your claim. From reporting the accident to lodging your claim form, taking the right steps early protects your rights and ensures you receive the entitlements you deserve.
No one expects to go to work and sustain injury while at work. But what do you do if you are injured? There are some important steps that you should take to ensure you are protected.
All employers in New South Wales are required to maintain workers compensation insurance. That insurance is to cover a worker when they sustain injury in the workplace. Injuries can occur in different circumstances. You might be physically injured from an accident or psychologically injured from witnessing an accident or from stress in the workplace.
Report the accident to your employer immediately
The first action an injured person should take immediately after a workplace injury is to report the accident or incident to the employer. It is important that this occurs as soon as possible after an accident. Usually in a physical injury the injured worker will then seek medical treatment, either from the General Practitioner or in more serious cases at hospital.
As soon as possible after the injury a claim form should then be lodged with the employer who then has an obligation to forward the form to the relevant workers compensation insurer within seven days, who will then determine whether they accept liability for the claim. The insurer must determine the claim within 21 days of receipt of the claim form.
If circumstances of the accident are not clear the insurer can apply a reasonable excuse not to accept the claim to complete further investigation. Alternatively, the insurer can accept provisional liability, which is to make payments without a formal acceptance of liability while they further investigate the claim.
If the claim form is not lodged with the employer or insurer immediately, it should be lodged within six months and thereafter should be lodged within three years.
What am I entitled to if my claim is accepted?
If you are off work either completely or on light duties and are suffering a wage loss you are entitled to weekly payments of compensation provided you have obtained a Workcover certificate which certifies your fitness for work.
You are also entitled to payment of your reasonably necessary medical expenses related to the injury.
The Workers compensation legislation provides a period of time that these benefits are payable which are subject to the extent of your injury and impairment.
Can you claim a lump sum for a permanent injury?
If you suffer from a permanent injury or impairment, subject to reaching a threshold you may also be eligible for payment of a lump sum.
If you have suffered a work related injury and require legal advice contact Whitelaw McDonald who can provide you with the expert advice to protect your workers compensation entitlements.
Key Takeaways
- Report the injury to your employer immediately after it occurs to ensure proper documentation.
- Lodge a claim form with your employer, who must forward it to the workers compensation insurer within seven days.
- You may receive weekly payments if you have lost wages and a Workcover certificate, along with coverage for medical expenses related to your injury.
- Claims must be submitted within six months, but can be submitted up to three years in some cases if not filed promptly.
- Contact a legal expert like Whitelaw McDonald for advice on your workers compensation entitlements if you suffer a work-related injury.
NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.
