Every year, thousands of Australians are injured at work. During this stressful time, worrying about finances is just another burden. There is so much information out there about Worker’s Compensation that it can get very confusing. So, we have covered 5 main things you need to know before you make your Worker’s Compensation claim.
Who can claim workers compensation?
All workers are entitled to claiming workers compensation. It doesn’t matter whether you work full time, part time or casual. However, if you are working under your own ABN number as a sole trader, you will then need to organise your own worker’s compensation.
How do I claim compensation for work-related injury?
If you get injured during work in a location where you are deemed to be under the care of your workplace, the first thing you will need to do is report your injury to your employer. Then visit your doctor and make sure you document the injury in detail and ask the doctor for a certificate of capacity.
What does the employer need to do after I report my injury?
After you report your injury to your employer, they then have 48 hours to report the injury to their worker’s compensation insurer. The insurer will then contact you to arrange an assessment of your injuries and then notify you whether it’s accepting liability for your claim. If you disagree with their assessment, you can contact us at Shaheen Legal and we can help you throughout the process.
Generally, what you need to determine and prove is that your injury occurred at a workplace where you were deemed to be under the care of your employer.
How long do you have to submit a worker’s compensation?
Workers compensation claims in NSW should be made within six months of the accident or injury. However, there are special exceptions where you can make a claim up to three years after the accident depending on the situation. If a claim relates to an injury resulting in death or serious and permanent impairment, the claim may still be made after three years, if there’s a reasonable cause for the delay.
How long do Worker’s Compensation claims take?
After your claim is submitted by your employer, the insurer has 14 days to notify you whether:
- Your claim has been accepted
- Whether it’s been denied or
- If they need further information in order to make a decision.
If your claim is accepted, you should start receiving payments straight away. Generally, you would receive weekly payments up to a maximum of 95% of your average pre-accident weekly earnings. The amount you receive will be reduced depending on your work capacity (ie) the higher your work capacity, the lower the amount you’ll receive.
However, if your workers compensation claim is denied, there are options open to you to dispute the decision. The insurer that has denied your claim must notify you in writing of their reasons for the denial and provide information on the next steps available to you.
If you have made a Worker’s Compensation claim on your own and it was rejected, or if you are unsure how to make your claim, you can seek legal advice from one of our Personal Injury Lawyers at Shaheen Legal. Call Shaheen Legal on 02 9854 5552 or send us an email info@shaheen.com.au
Since every workers compensation claim is different, it’s worthwhile having a FREE initial consultation with Shaheen Legal where we can review your claim and help get you the compensation you are entitled to.
