Workers Compensation

What is Workers’ Compensation?

Workers’ compensation is a compulsory form of insurance which employers are required to have in NSW to protect employees who may be injured at work. If an employee suffers an injury arsing out of or during the course of their employment they are entitled to claim workers compensation. The Scheme provides cover for medical and treatment costs, rehabilitation, weekly benefits for lost wages, permanent impairment benefits, and death benefits to the worker’s family dependents in the event of a fatal injury.

Injured at Work?

You may be eligible for workers compensation if you have been injured or become ill arising out of or in the course of your employment. This can include if you contract certain diseases at work or even if your work aggravates or accelerates any disease you suffer from. You also do not necessarily have to suffer a specific accident to be entitled to claim workers compensation. If the nature and conditions of your job cause you to have an injury over time you may still be entitled to workers compensation.

How to Claim Workers’ Compensation

There are specific steps to consider when filing for workers’ compensation. Firstly, you must inform your employer about the injury or illness as soon as possible after it occurs. Generally you have 6 months from when you are injured to make a claim either by filing in a claim form and giving it you your employer or their insurer or ringing them and making a claim by telephone or even email. You should seek medical treatment for the injury or illness as soon as possible after your injury occurs and report all problems you have from your injury to your doctor. You need to obtain a certificate of capacity from them and provide this to your employer and their insurer. Generally you need to keep providing these certificates monthly if you wish to continue to receive workers compensation benefits. The insurer will determine whether or not you are eligible for compensation. In some cases, you may be asked to attend a medical assessment arranged by the insurer.

What happens if my claim is disputed?

If the insurer disputes any aspect of your claim you have the right to challenge their decision in the Personal Injury Commission.

At Mbt Lawyers, we have a proud record of over 30 years experience in successfully challenging decisions of insurers and obtaining excellent outcomes for clients in receiving their proper workers’ compensation benefits.

Mbt Lawyers are accredited legal providers with the Independent Review Office (IRO). IRO provide grants of legal assistance to injured workers to challenge disputed claims by insurers. If IRO makes a grant to us your legal costs and expenses will be paid by IRO to us. As such with an IRO grant you will not have to pay us anything for acting for you in your workers compensation claim.

If you require assistance with a Workers’ Compensation claim, please do not hesitate to contact us today. Our legal experts are always happy to assist you. Call 02 6648 7600 (Coffs Harbour) or 02 6648 7666 (Grafton) or use our online contact form.