We act for workers in the Queanbeyan and surrounding NSW areas including Yass, Goulburn, Cooma, Bega and the South Coast.
There are two pieces of legislation in NSW:
- Workers Compensation Act 1987; and
- Workplace Injury Management and Workers Compensation Act 1998.
Like the ACT, you are eligible for compensation under the NSW Acts if your work is usually in NSW.
You are eligible for compensation if your work was a substantial contributing factor to the development of your injury. Compensation includes loss of wages (at fixed percentages), medical treatment and compensation for whole person impairment. NSW also has lump sum death benefit and funeral expenses provisions.
There are different rules in relation to how you can challenge employer or workers compensation insurer decisions regarding your entitlements in NSW In general, if you want to challenge a decision about whether your work is liable for your injury, or about providing you with medical treatment, you can engage us to help you. We then apply on your behalf for legal funding from an agency called WIRO, who determines whether there is merit to provide funding for you. You do not pay for your legal fees. However, decisions such as work capacity assessments do not get funding for lawyers. You can review these yourself, or if you want a lawyer, you have to try to negotiate your legal fees from the insurer.
If you are unsure about how you can challenge a decision, you can contact us for an initial free consultation and we can advise you of your rights. For more information see elringtons NSW Workers Compensation
Commonwealth and ACT public servants are covered under the Comcare system. So unlike the ACT and NSW systems, there is a focus on your actual employment, rather than where you work.
Comcare administers the Safety, Rehabilitation and Compensation Act 1988. There are special rules relating to injuries and worsening of diseases or pre-existing injuries. Compensation includes loss of wages (at fixed percentages), medical and rehabilitation treatment, and lump sum payments for permanent injuries and pain and suffering. There is also provision for lump sum death benefit claims. For more information see Canberra Comcare Lawyers.
Each system has special rules in relation to psychological injury claims. There is a special rule for psychological injury claims limiting when you will be eligible for compensation. This is the reasonable administrative action rule. For more information, please see our article ‘
Workplace Psychological Injuries’, or contact us.
All schemes are different, but the general types of entitlements are the same:
- Weekly payments for loss of wages
- Medical and rehabilitation expenses
- Lump sum payments for permanent injuries
Once again, each system is slightly different. For ACT and NSW matters, workers do not pay their legal fees for workers compensation claims. In NSW, WIRO administers legal funding. In the ACT, the insurance company will pay your fees if you are successful. In the NSW system, WIRO also provides funding for expert reports, meaning you do not have to pay for these, however in the ACT you will have to pay for these yourself.
In the Comcare system, each worker is responsible for paying their legal fees. However, if you have to make a claim in the Administrative Appeals Tribunal and you succeed, then Comcare will pay legal fees from when you made the Tribunal claim.
We will provide you with an estimate of legal fees up front, depending on which scheme you are in and where you pay legal fees, how much of them you can recover from the insurer. Our experience and expertise enables us to provide you with quality advice and representation in a timely, therefore cost effective, manner. It will cost you nothing to come in and meet with Tom or Matt to discuss your circumstances.
