The best workers compensation lawyers Sydney has

Injuries on building sites often require extensive legal analysis to determine the particular actions that an injured worker may have.

Often it can be the case that a worker employed by a particular entity is injured as a result of another party’s negligence. For instance, a carpenter could be working on a building site which also has other trades and/or a head builder working on it. That carpenter may sustain injury as a result of a hazard left by an electrician who is not employed by the same company. Not only will the injured worker have a claim against their employer but they will also have a significant negligence claim against the party at fault. On building sites, the party at fault could also include a site manager, an owner, a head builder or other contractors.

It is imperative that anyone injured in this scenario – or on a building site generally – contact us to look into all actions available. Without proper due diligence, there may be significant compensation at risk.

Contractors and Sub-contractors may also be self-employed or employed with a company. If injured during the course of their employment then they may have a claim for Worker’s Compensation – even if they are self-employed and at fault.

If a self-employed worker has no insurance, they may be able to claim Worker’s Compensation against a head contractor. Further, if you are a worker and your are injured working for someone without workers compensation insurance, you can still likely claim Workers Compensation.

Injuries on building sites can be complex Workers Compensation claims and can also give rise to additional claims against third parties. You should give us a call to discuss your claim – even if it’s for a second opinion.

In a claim for psychological injury, an injured worker needs to establish the following:

i) Work was the main contributing factor to the injury.

To establish this, an injured worker must show that the actions of the employer, the company, or the demands of the job itself, led to your injury or incapacity to work.

It may be that other factors were involved – such as unrelated traumas or personal issues – but as long as work is the main factor, then the claim can succeed.

Please note that an aggravation or exacerbation of an old or previous psychological injury is okay as long as the aggravation or exacerbation was caused by work. For instance, a person with pre-existing depression that is triggered by poor management would still have a claim

ii) The injury needs to be a recognisable psychiatric condition as opposed to ‘stress’

This obstacle is put in place to stop people making a claim for worker’s comp when they are ‘stressed’ given stress is not defined as a  psychological injury for the purposes of the Workers Compensation legislation. However many people suffering from stress may also have a psychological injury. Examples of psychological injury include:

• Depression
• Anxiety Disorder
• Post-traumatic Stress Disorder or PTSD
• Adjustment Disorder

It is important to have your condition diagnosed by a Doctor. The Doctor may then determine the type and cause of any psychological injury and any further treatment – such as counselling, psychiatric treatment or medication. Please note that any treatment will likely be covered by Worker’s Compensation or Medicare.

iii) The Injury cannot be caused by the reasonable actions of employer

If the injury is caused by the reasonable actions of the employer in relation to, for instance, promotion, demotion and/or performance appraisal – then this may be a defense against a Claim. However an employer still has a duty to act reasonably in these circumstances. We have won many cases arising from unreasonable actions of employers, even during warnings or other performance appraisal, or when other factors have contributed to the injury.

This type of claim typically involves an employee of an employment agency or labour hire company being sent to work for another company or other third party. This is becoming increasingly common in the modern workplace.

A common example would be for an employee to do their induction and be paid wages by an agency, but do their daily work at a Factory – sometimes of varying location.

Sometimes employees are not even aware they are hired by a third party, and thus an employee should always check who is paying their wages.

Other than potential compensation entitlements, those employed through Labour hire or employment agencies may have an alternative claim or an additional party to sue. That is, they may also have a claim in Negligence against the party who has the contract with the agency. Such a claim against often provides options for a greater amount of compensation than Workers Compensation and can include money for Pain and Suffering and other Future Losses, including Economic Loss.

It is important for a lawyer to look into this type of claim for you, as it may mean you have significant entitlements beyond your weekly payment and medical treatment covered by Worker’s Compensation. It also allows the injured party to continue to receive these Workers Compensation benefits whilst we can explore other claims and entitlements on your behalf.

Cleaners can often suffer injuries in the workplace due to the physical demands of the job and the environments in which they may work. Such injuries his may often include back, shoulder and neck injuries as well as repetitive strain injuries such as Carpel Tunnel Syndrome.

Cleaners are a group of workers that may have entitlements to Worker’s Compensation against their direct employer, as well as a Public Liability claim against the owner/occupier of the place being cleaned, or any third party directing them in their duties.

By way of example, if an employed cleaner was cleaning a home and fell on some kind of trip hazard, suffering injury – not only would the cleaner be likely to have a Workers’ Comp Claim, but they may also be able to sue the home owner (who would likely have a public liability insurer) for in negligence.

Worker’s Compensation benefits would allow the injured cleaner to receive weekly payments for between 2.5 and 5 years depending on the level of impairment, and any reasonable medical treatment during that time. There may also be a moderate entitlement to lump sum compensation.

The home owner will usually have public liability insurance, and often the insurer will therefore pay any monies under the claim. Such rights can be explored as well as any workers compensation rights. These claims can be far bigger and if negligence is proved then can result in a tax free lump sum payment for pain and suffering and all future losses, including economic loss.

It may be this is the only claim available to some cleaners that are working independently and without any Worker’s Compensation insurance.

Office Workers are not immune from Workplace Injuries. There is a strong prevalence of back and neck problems which can be caused by constant use of computers and/or lifting.

There has also been a significant number of Psychological Injury Claims with many of these arising from common office situations. These can be caused by the high stress nature of the work involved, overwork, bad management or bullying, harassment and victimisation.

An example of this would be a secretary or accountant being bullied and harassed by her manager. This may include unfair punishments, overwork and unrealistic expectations or even sexual harassment. The worker may need psychological treatment and time off from work, both of which should be covered by Worker’s Compensation. If the impairment resulting from the injury is high enough (15% Whole Person Impairment), then the worker may even be eligible to sue their employer in Negligence in a Work Injury Damages claim (see below).

Nurse and Care Workers, including both disability and aged care workers can often suffer injury in the course of their employment. Their work requires significant lifting, bending and twisting, moving and care of a variety of patients. This work can easily lead to injury.

An example of this would be a nurse or an aged care working moving a patient from a wheel chair into a shower and suffering a neck, back or shoulder injury in the process.

Such cases usually lead to Compensation for medical expenses and time off for rest and rehabilitation or until more suitable work can be found. There may also be right to Work Injury Damages (Negligence Claim) if the injuries are significant.

There may also be assaults or abuse from patients which should not happen. It is imperative for all care workers to be afforded the best protection from their employer, adequate training and a safe system of work.

Lastly, often it is the case that nurses or aged care workers are employed through employment agencies. In such a scenario they may have an additional cause of action. See our information on ‘Cases where people are employed through an employment agency’ above.

Builders, Carpenters, Plumbers, Electricians and other trade persons will often suffer injuries in the workplace due to the nature of their work. Building sites are dangerous places and often have a number of different parties and companies working together under different direction. This can lead to complexities in ascertaining the party at fault.

Many accidents can be serious and can lead to significant injuries or death. Examples include electrocution, machinery accidents, forklift incidents or slip and falls. It is important to get the legal advice in relation to these claims.

There may be a number of different claims available to you. A Worker’s Compensation Claim can be made against the employer. Sometimes the worker may be self-employed but a claim can still be made against the company and its insurer.

If the accident was the fault of a third party or company, such as a different tradesperson on a building site, then there may be other claims available including Negligence and Civil Liabilities actions.

Factory workers, like all employees, have right under the Worker’s Compensation Act. If they are injured in the course of their employment they will have rights medical treatment, lump sums and weekly payments whilst they are unfit to return to work.

Police, Fire and Ambulance Officers are subject to extremely difficult and stressful situations. As a result, there are often physical and psychological injuries that may arise.

An example of this is an Ambulance Officer that has witnessed a number of traumatic road accidents. After many years the trauma builds up and the Officer goes off work suffering Post Traumatic Stress Disorder. This is not uncommon for Emergency Service Workers. It can be very debilitating, effecting their ability to work and potentially making them totally unfit to return to such stressful work.

In this case, the Ambulance Officer would have a claim for psychological treatment, medication as well as weekly payments while they are off work. If their incapacity is significant, they may require re-training or redeployment. There may also be entitlements to negligence if the State did not adequately look after its workers.

Emergency Workers are essential to our society and should be afforded the best chance to do their jobs safely and without ongoing trauma. This may be one of the reasons that Fire fighters, Paramedics and Police Officers are not subject to the workers compensation changes made in July 2012. This means they are entitled to more generous benefits than those occupations subject to the July 2012 changes.

Entitlements to those workers not subject to the July 2012 changes generally include Weekly payments for loss of income (which is available until statutory retirement age); reasonable and causally related medical expenses for life; and potential Lump sum claims for permanent impairment which may include an additional payment for pain and suffering.