1800 77 66 46 
By Anthony Bazouni
Principal, Prominent Lawyers
Have you been injured at work? Many people are unsure about the steps they need to take and do not have much knowledge surrounding workers compensation claims and understanding their rights. We are here to answer the most frequently asked questions surrounding this topic! With some many claims made per year, it is a hot topic that must be addressed.
“106,260 serious workers compensation claims were made between 2016-2017”
Safe Work Australia
1 - What is workers’ compensation?
By law, all employers are required to have workers’ compensation insurance which provides compensation to all employees who are injured at work. The benefits that are available to injured employees under workers compensation are determined by the Workers’ Compensation Act (NSW 1987) and the Workplace Injury Management Act and Workers’ Compensation Act (NSW 1998).
Workers’ compensation assists those injured with the costs of weekly benefits, medical and hospital expenses and a range of other benefits to help the worker recover and return to work. This insurance can, at times, also provide:
- Property damage claims
- Education or training assistance payments
- Domestic assistance
- Work break and journey claims
- Payments in the event of death
2 - How do I make a workers' compensation claim?
Have you sustained an injury in the course of employment? If so, you must undertake certain steps in order to ensure a successful claim.
- Notify the employer of the injury as soon as you are injured
- Record the injury in the employer’s register
- Acquire a Certificate of Capacity (medical certificate) from your general practitioner (GP) or hospital
- Ensure you notify the insurer of your injury
- Make sure all documents including the Certificate of Capacity/Certificate of Fitness and all medical bills/expenses are given to the employer and insurer
3 - What occurs after my employer and their insurer are notified?
The insurer should contact the worker and employer and will review the worker’s compensation claim and thereafter commence provisional liability payments. The insurer must notify the worker within 7 days of receiving the notification of injury.
4 - When is a claim form required?
- If there is a logical excuse provided by the insurer not to commence provisional liability payments
- Weekly payments exceed the 12 week liability period
- Expenses exceed $7500 with no sufficient information to determine ongoing liability
- Insufficient information to determine liability
5 - Is there a time frame for making a workers' compensation claim?
It is important that workers compensation claims are made as soon as possible in order to reach a successful outcome. However, if for any reason you have not lodged your claim - you should do so within six months of the injury, accident or death. You may still be able to make a claim after the six months if it is a result of a common mistake or absence from the state. If the claim is not made within 3 years - the claim cannot be made unless the injury resulted in death or very serious injury. The insurer can waive the requirement for a worker to submit a claim form if they determine they have enough information to make a liability determination.
6 - What benefits can I receive?
Once the insurer has accepted your worker’s compensation claim. You will be able to receive benefits under the Workers’ Compensation Act. These include:
- Weekly compensation payments
- Lump-Sum compensation payment for permanent impairment
- Medical and hospital expenses
- Rehabilitation expenses
- Funeral expenses
- Compensation for damage to property
- Domestic assistance
7 - What is permanent impairment and how can I receive lump sum compensation?
If a worker has been seriously injured and this results in permanent impairment (an injury which has stabilised but is unlikely to change within the next year). You can receive a lump sum payment if only after you have been assessed by an independent medical examiner known as an AMS. They make an assessment of the whole person impairment using guidelines established by the WorkCover Authority of NSW and revised by SIRA (State Insurance Regulatory Authority). If you are eligible for lump-sum compensation for permanent impairment this is payable in addition to any benefits you are entitled to receive for weekly payments and medical expenses.
8 - Do males or females make more claims?
Serious workers compensation claims by gender: 2017-17 (Safe Work Australia)
| Gender | No. of serious claims | Frequency rate (serious claims per million hours worked) | Incidence rate (serious claims per 1,000 employees) |
| Female | 38, 155 | 4.9 | 6.9 |
| Male | 68, 105 | 6.2 | 11.5 |
| Total | 106, 260 | 5.6 | 9.3 |
9 - What are some of the most common claims people make? (Safe Work Australia)
| Mechanism of incident | Number of serious claims | % |
| Body stressing | 40, 330 | 38 |
| Falls, trips and slips of a person | 25, 070 | 24 |
| Being hit by moving objects | 16, 565 | 16 |
| Hitting objects with a part of the body | 8, 070 | 8 |
| Mental stress | 6, 675 | 6 |
| Other mechanisms of incident | 4,645 | 4 |
| Vehicle collisions | 2,650 | 2 |
| Heat, electricity and other environmental factors | 1,455 | 1 |
| Chemicals and other substances | 800 | 1 |
At Prominent Lawyers, we know how debilitating a workplace accident can be. There is much more to it than the pain of the injury. Our skilled workers' compensation team will be able to help you achieve the most desirable outcome in your best interest.
Contact us today on 1800 77 66 46 for an obligation free conversation!
