Your NSW workers’ compensation FAQs – Part 2

1.  What types of injury or illness do I need to have in order to claim for workers’ compensation in NSW? 

You can have a workers’ compensation case in NSW for any of the following: 

• brain injuries
• neck and spinal injuries
• chemical and asbestos exposure
• industrial deafness
• repetitive strain injuries
• construction injuries
• farming injuries
• back and spinal injuries
• arm injuries
• hand or finger injuries
• leg injuries
• foot or toe injuries
• head or eye injuries
• death dependency
• cancer conditions
• heart attacks
• strokes
• fractures
• soft tissue injuries
• lung conditions
• psychological conditions
• infectious conditions
• diseases caused by work
• diseases or pre-existing conditions made worse by work
• injuries suffered whilst travelling for work
• injuries suffered while receiving medical treatment for a separate work injury

2.  How much will I receive if my NSW workers’ compensation is successful?

The amount you will be able to claim will depend on your individual situation, and the circumstances in which you became injured or ill. Once we have put together the evidence to support your claim, we should be able to give you a better idea of what to expect. To ensure you get the best outcome from your claim, it’s important that you seek high quality legal advice. This is particularly important in NSW, where most workers with a work related injury are limited to being able to claim work injury damages for past loss of earnings and future loss of earning capacity only.

This type of compensation is often referred to as ‘modified common law damages’. If you have a work related injury which resulted from your employer’s negligence, there are certain circumstances in which you may sue for modified common law damages. These are known as ‘work injury damages’. A work injury damages settlement extinguishes all further entitlements to workers compensation benefits (including weekly payments, medical, hospital and rehabilitation expenses) associated with that injury. The amount of weekly payments that you have already received must be repaid out of the settlement amount.

The amount of damages payable can also be reduced if the worker’s own negligence contributed to the injury. To claim work injury damages, the following criteria must be met:

• the work injury must be the result of employer negligence
• you must have at least 15 per cent permanent impairment (assessed by a permanent impairment assessor with qualifications, training and experience relevant to the body system being assessed), and
• you have received all statutory lump sum entitlements for permanent impairment to which you are entitled. This must take place before a work injury damages claim can be settled.

Some work injury damages claims may result in court proceedings. Court proceedings for work injury damages must generally begin within three years of the injury date.

3.   What am I entitled to claim?

If your injury has been caused by the negligence of your employer, compensation may be payable for:

• lost income (both past and future)
• lost superannuation, and
• your permanent disability / impairment.

However, as noted above, this will depend on your individual situation and the circumstances in which you became injured or ill at work.

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

4.   How long will my claim take? How much will it cost me?

Workers compensation claims can generally take up to a year or two to reach a successful conclusion under NSW law. However, this will depend on your injuries, how serious they are, and what treatment you will need before your injuries stabilise. If you have been injured at work it’s important you seek legal help straight away, because there are specific deadlines which if missed will make you unable to claim compensation. We understand the importance of resolving your claim quickly and will seek to get you the best outcome for you as quickly as possible so you can focus on getting your life back on track.

For workers’ compensation claims in NSW there are no out of pocket costs to injured workers. If you are eligible to make a statutory workers compensation claim, we apply for funding from SIRA, so you don’t need to pay anything. For common law claims, we work on a No Win, No Fee basis which means there are no up-front costs and you only pay legal fees if your case is successful.