Understanding Workers’ Compensation

Other

November 16, 2023

Disclaimer

The content of this website is provided on the basis that it is general information only. The content of the website does not in any way constitute legal advice and should not be used as such. Formal legal advice should always be obtained. Whilst the information contained in this website has been formulated with due care, we do not accept any liability to any person for the information (or the use of such information) which is provided on this website or incorporated into it by reference. The information on this website is provided on the basis that anyone accessing the site undertake responsibility for assessing the relevance and accuracy of its content.

Understanding Workers’ Compensation 

If you’ve recently suffered through a workplace injury, you may have found yourself wondering about Workers’ Compensation—what it means and whether or not you’re eligible. 

Workplace injuries and accidents can happen to anyone in any occupation or industry. When these unfortunate incidents occur, legal rights and support are usually in place as a barrier of protection. Here in NSW, the Workers’ Compensation system can provide financial and medical assistance to Workers who suffer from work-related injuries or illnesses. Nevertheless, it can feel overwhelming if you need to understand how it applies to your own work injury scenario. 

In this article, we’ll attempt to provide some broad information surrounding Workers’ Compensation in NSW, explaining how it works and who is eligible.

What is Workers’ Compensation?

In NSW, icare is a NSW Government agency which provides both insurance and some care services to injured Workers. 

Although all employers are required to hold a valid workers compensation insurance policy, should an employer not have a valid policy in place, an injured worker can still make a claim through the Uninsured Liability Scheme.

Support may be provided in areas such as the following:

  • Some weekly payments for lost wages;
  • medical, hospital and rehabilitation treatment;
  • Assistance with return to work; and
  • In some cases, compensation for non-economic loss by way of lump sum compensation.

The State Insurance Regulatory Authority (SIRA) is the NSW Government agency responsible for regulating the NSW workers compensation system.

What happens when I’m injured at work? 

If you’re injured at work, you should notify your employer as soon as possible.

Your employer should contact the insurer to notify them of your injury and may start the claims process on your behalf. They should also provide you with details of the insurer.

You can also lodge a claim with the insurer if your employer hasn’t done so, and we can assist you with this process if need be.

Next it is likely that the insurer will contact you to discuss any payments, services or medical treatment you may be entitled to.

Your nominated treating doctor provides a certificate of capacity that determines if you are able to work, what types of duties you may be able to perform and what kind of treatment,  if any, that you need.

Benefits of Workers’ Compensation

As a worker, it’s comforting to know that Workers’ Compensation is in place should anything go wrong. In the unfortunate case that something does go wrong and you are eligible for Workers’ Compensation, it can provide several benefits. 

As indicated, support may be provided in areas such as the following:

  • Some weekly payments for lost wages (subject to the Workers Compensation legislation);
  • medical, hospital and rehabilitation treatment;
  • Assistance with return to work; 
  • In some cases, compensation for non-economic loss by way of lump sum compensation; and
  • In some cases, if you exceed certain thresholds, and can establish negligence against your employer, you can make a Negligence claim against your employer. This should be carefully considered with legal advice to be obtained.

If you’ve had an injury at work, speak to our experienced lawyers today.