NSW workers’ compensation claims: Do I need a lawyer to represent me in the Personal Injury Commission?

Peter Little

Founder. Director. Accredited Specialist

Everyone has the right to go to work each day, knowing they’ll come home safely. If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries. There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. You could be forgiven for being a little confused about where to start. After all, workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by.

If you’ve been injured at work in NSW, Littles has you covered. This blog explores what happens when if your claim proceeds to the Personal Injury Commission, and why having an expert lawyer can help.

What is the Personal Injury Commission?

The Personal Injury Commission resolves disputes between people injured in motor accidents and workplaces in NSW, insurers and employers. The Commission is an independent statutory tribunal within the New South Wales justice system, and is “committed to providing a transparent and independent dispute resolution service”.

The Commission exercises functions in two divisions – the Motor Accidents Division and the Workers Compensation Division. The work of the Commission is done by the President, Deputy Presidents, Division Heads, Principal Registrar, Members, Merit Reviewers, Mediators, and Medical Assessors, as well as legal and operational staff.

What happens if your claim has been rejected

Don’t panic! If your claim is rejected, the insurer is obliged to issue a ‘Section 78 notice’ together with all supporting evidence for rejected the claim. These notices can be reviewed and/or disputed in the Personal Injury Commission.

Once the Commission receives the application and the reply, the dispute will be assigned to the most appropriate dispute resolution pathway within the workers’ compensation division. These pathways include:

· Legal disputes

· Medical disputes

· Damages disputes

· Expedited assessments

· Other disputes

The Commission will decide on the most appropriate pathway, depending on the type of claim, the issues in dispute and the compensation being sought.

Do I need a lawyer?

In the workers’ compensation division, most parties are legally represented in the Commission’s dispute resolution proceedings. In the workers’ compensation division, claimants are usually entitled to government funding for legal assistance when their claim is disputed.

You can choose to represent yourself, but you must indicate this when you make your application.

Clearly, the workers’ compensation system can be complex, which is why it helps to seek quality legal advice as soon as possible. At Littles, we are experts in workplace injuries, and can help manage the process to ensure that you receive all appropriate entitlements and support. With Littles on your side, we can ensure that you get the fair treatment you deserve.

If your workers’ compensation claim has been rejected, or you would like to understand how to claim benefits to support you and your family while you are injured or ill, please get in touch for a no-obligation chat.

IMPORTANT: There are strict time limits for making and disputing a claim, so take advantage of our FREE initial consultation and get in touch. You have nothing to lose by speaking to one of our compensation law experts. The sooner we determine your eligibility to make or appeal a claim, the sooner we can help you to obtain or continue getting funding from the insurer so your rehabilitation can proceed smoothly.

Free advice and no upfront fees

Not only do we offer a FREE initial consultation we handle most insurance claims on a no win, no fee basis.

The Head of our NSW team, Jessica Cheung, is an expert in NSW workers’ compensation claims. If you think you might have a claim, reach out to Jessica and her team for high quality legal advice

Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.