Workers Compensation

If you are a worker or a “deemed worker” and injured in the course of employment you will receive workers compensation benefits. In Australia as of 2021, there were over 1.1 million independent contractors working. If you are an independent contractor or employee is an important distinction if you are to receive workers compensation benefits […]

A deemed worker may be able to claim workers compensation benefits even though you may not be an employee for tax purposes. For example, if you have an ABN and work exclusively for the deemed employer but have no discretion of the work you perform you may be able to claim workers compensation benefits. Each

The most common workplace injuries are physical in nature, that is if you are physically injured, i.e., you fracture your arm or injure your back as a result of an incident at work. These workplace injuries are obvious. There are however physical injuries that are not so obvious and have been the subject of disputed

Injuries include physical and psychological injury. It is important that your nominated treating doctor record all injuries on the workers compensation medical certificate (certificate of capacity). To commence a claim against your employer you need to have your GP complete a certificate of capacity and provide a copy to your employer. The workers compensation insurer

If your injuries are assessed at greater than 15% WPI, you may have a work injury damages claim against your employer if your injuries occurred as a result of an unsafe system of employment or negligence. If you have a work injury damages claim, you can pursue a claim for past and future economic losses

The State Insurance Regulatory Authority (SIRA) is the government organisation responsible for regulating and administering workers compensation (and other insurance claims). A principal objective of SIRA in exercising its functions is to provide for the effective supervision of claims handling and disputes arising under NSW workers compensation legislation. SIRA’s objective in developing the Workers Compensation Guidelines (Guidelines)

Under 266 of the 1988 Act notification of injury can be made in writing or verbally. Details of injury must include the date of injury for the period over which the injury occurred, the time of injury, how the injury happened and what capacity for employment has been caused by the injury. Sometimes the date

Once the insurer has received the initial notification of injury, the insurer must: start provisional payments within seven calendar days unless there is a reasonable excuse or delay starting provisional weekly payments by issuing a reasonable excuse within seven days or determine liability. Section 267 (2) of the 1998 Act defines what a reasonable excuse

The minimum information for a claim of compensation must be provided insurer includes the following: Name and contact details of the worker, employer and treating medical practitioner. If applicable, the names and contact details of any witnesses. Description of injury and how it occurred. supporting medical evidence for the claim. Requirement for a claim form

Under the legislation unless you are an exempt worker, the insurer will not approve medical services unless preapproval is given. An exempt worker is a police officer, a firefighter or a paramedic. Workers can claim reasonably necessary medical treatment and expenses. Section 59 of the 1987 act sets out the definitions of hospital and medical