NSW workers’ compensation claims: what types of injuries can I claim for?

NSW workers’ compensation claims: what types of injuries can I claim for?

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 the injuries that are frequently the subject of workers’ compensation claims.

What kinds of injuries can I claim for?

First things first. If you have been injured while at work – regardless of the circumstance – it is essential that you seek medical attention promptly after a workplace injury, not only to treat your injuries but to establish a medical record that the injury arose out of your employment. You should also report your accident to a manager at your workplace, as well as the employer’s workers’ compensation insurer as soon as possible.

We sometimes hear from clients that they didn’t know that they were eligible to make a workers’ compensation claim. This isn’t right. Workplace injuries can permanently limit or remove your ability to earn a living.

Don’t worry – Littles has got your back!

We’ve set out some examples of accidents and injuries that are commonly the subject of successful actions in NSW.

Office injuries

When we think of the offices we work in, we generally think of them as being quite safe places. Accordingly, you might be surprised to hear that office injuries are quite common. These injuries are generally related to repetitive tasks such as typing, lifting, pushing or pulling objects.

Did you know? Since the start of the pandemic, many office-based workers are increasingly working from home. You may be able to make a workers’ compensation claim where you have injured yourself working from home.

Construction site injuries

Construction sites are dangerous places. Sadly, statistics show that the likelihood of some form of serious injury or death is significantly higher for those working in the building industry.

Despite enhancements to safety regulation, accidents like falling from scaffolding, tripping over a bench or slipping on the ground still occur frequently.

Injuries stemming from accidents like this can be life-changing – even preventing you from ever working again. If you’ve been injured on a building site, it’s worth seeking high quality legal advice.

Journey claims

Did you know that in NSW you’re covered for workers compensation to and from work if there’s a real and substantial connection between the accident that caused your injury and your employment? These are known as ‘journey claims’. In this article we explain the situations where you may be eligible for workers compensation to and from work, highlight the occupations where employees are certainly covered for journey claims in NSW and any other circumstances where journey claims are warranted.

Under NSW workers’ compensation legislation, your journey to work starts when you leave ome, and continues to the moment enter your employer’s premises.

It’s also important to note that your employer’s boundary is not limited to the exact shop, office or site – it can include shopping centres, office buildings and carparks. 

Read more: Have you been injured on the way to work in NSW? Find out more about ‘journey claims’ – Littles

Psychological injuries

While there has been significant progress in systemic treatment of mental illness in recent years, there is still much work to do to remove stigma. Many people still think of workplace injuries as being physical in nature. However, it is important that people understand that they can make a claim for a psychological injury. 

Read more here: I work in NSW and sustained a psychological injury on the job. Can I make a workers’ compensation claim? – Littles

It does need to be pointed out that psychological injuries are the only type of injury for which the employer has a defence against the claim. If you are a worker and have suffered a psychological injury, you need to prove that

• your injury is a result of your employment, and

• your injury is not the result of reasonable action by the employer.

Not sure you can do this on your own? We get it. The law can be tricky, and employers and insurers will obviously try to rely on this defence. This is why we suggest obtaining expert legal advice as soon as possible. 

Read more here: Do I need a lawyer to run my NSW workers’ compensation claim? – Littles

Don’t delay – seek advice now

The NSW 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.

Read more here: Help! My NSW workers’ compensation claim has been rejected. What do I do? – Littles

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.

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