As an injured worker in NSW, you have certain rights that must be met by your employer. Find out what they are, how you can claim, and what to do if your rights are not met.
As a worker in NSW, it is important to understand your rights in the event of injury. A worker who has received an injury (or in the case of a worker’s death, his or her dependents) shall receive compensation from the worker’s employer in accordance with the Workers Compensation Act 1987. Compensation is payable whether the injury was received by the worker at or away from the worker’s place of employment.
To ensure fairness and the safety of all employees in the workplace, injured employees have rights which employers have an obligation to uphold.
What are the basic rights of workers who are injured during the course of their employment?
If you are an injured worker, you have three basic rights you can take advantage of for support:
Right to choose your own medical providers
Many workers who suffer injury in the workplace get referred to medical providers who have been chosen by their employer for medical treatment, commonly known as the “company doctor”. It is important to remember that you have the right to choose your own doctor for treatment.
You may need to see your employer’s or workers compensation insurance company’s doctor as a matter of process, however from there, you have the right to decide which doctor you wish to see for treatment.
Right to time off for recovery
You have the right to take the necessary time to recover from your injury. The time required for recovery must be substantiated by a Certificate of Capacity from your treating doctor.
Right to a return to work plan
As part of your recovery, your employer should also assist you with a return to work plan. This may involve providing you with rehabilitation services and coming up with alternative processes to ensure a safe return to work. You have the right to choose your own rehabilitation provider.
What can I claim as an injured worker?
As an injured worker, you are entitled to claim compensation and other support as a result of your injury. The extent of what you can claim will depend on the nature of your injury. Masselos and Co Lawyers can assist you in maximising your entitlements.
Some examples of what you can claim as an injured worker include:
- Payment of reasonable medical treatment expenses.
- Weekly payments for time off work.
- Potential lump sum benefits for permanent impairment.
What can I do if my rights as an injured worker are not met?
There are consequences for employers who do not meet their obligations to their injured workers including fines and sanctions. If you find that any of your rights as an injured worker are not being met, there is recourse available.
A personal injury lawyer can assist in finding the best solution for you. This could take the form of:
- A letter to your employer or its workers compensation insurer directly.
- Lodging a complaint with the relevant authority
- Filing a claim for workers compensation in the Personal Injury Commission.