Workers Compensation Lawyers

WorkCover was the NSW Government entity providing workers compensation insurance to employers and employees. WorkCover was replaced by three different entities in September 2015. These are:

SafeWork NSW: They’re responsible for regulating and improving workplace health and safety (WHS) requirements, licensing and registration where needed. SafeWork NSW is also in charge of investigating workplace incidents and enforcing the WHS state laws.

SIRA: The State Insurance Regulatory Authority (SIRA) is responsible for regulating compulsory third party (CTP) motor accidents, workers compensation insurance and the NSW home building compensation fund.

icare: Under the NSW workers compensation scheme, Insurance & Care NSW – or icare – provides insurance and care services to most people injured at work in New South Wales.

Workers compensation insurance is a type of compulsory business insurance that provides financial support and return to work schemes for employees injured in the workplace. If a work-related injury occurs workers are entitled to benefits, such as:

• Income support payments
• Covering medical or hospital expenses 
• Rehabilitation services
• Replacement of eligible personal items
• Lump-sum payments for permanent impairment as a result of the accident
• Where negligence is involved, the workers compensation laws may also entitle you to sue your employer for lump sum damages.

Workers compensation systems are regulated on a state level, so the particulars and how the scheme is managed may vary depending on where you live.

When you make a workers compensation claim in NSW, you will usually start receiving provisional payments within seven days of notifying your insurer. This will allow you to cover any costs or losses related to the accident, such as your wages, living and medical expenses, while the insurer assesses your claim. The good news is that even if your claim is not approved, you won’t be required to repay any payouts you received to date. Provisional payments can last up to 12 weeks and cover medical bills of up to $10,000.

If your claim is approved, you may be eligible for payments of up to 95% of your pre-injury average weekly earnings (PIAWE) for 13 weeks. Beyond that, your payments may continue at a reduced rate should you need more time to recover. How long you may be eligible to receive WorkCover payments will largely depend on your circumstances and your ability to return to work in the future.

Workers compensation is a compulsory business insurance scheme designed to help injured workers recover and return to work from an injury suffered  on the job. To make a workers compensation claim, you should notify your employer of the incident immediately. They then have to report the accident to their insurer within 48 hours. 

Once the insurer has been notified, you may start receiving provisional payments within seven days while your case is being assessed. Once approved, your employer will work with the insurer to develop a tailored injury management plan. You will continue to receive payments for a set period of time based on your PIAWE. 

According to the guidelines for return to work programs an employee can’t be let go within the first six months of a work injury. A worker’s employment can be terminated beyond that and while the employee continues to receive workers compensation benefits. However, an employer may be required to reinstate the worker if they become fit for their normal work again within two years.

Employers are also required to give the employee a formal written notice of termination of employment with the minimum notice period, which can run parallel to the time they’re absent from work on workers compensation. Alternatively, they may decide to pay out the notice period or a combination of these two options.