New South Wales’ Compensation Laws

Personal Injury & Workers Compensation Claims

New South Wales’ Compensation Laws

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    Workers Compensation Injury Law

    N.S.W. WorkCover

    This is NSW’s state government body that is responsible for managing the State’s workplace safety, injury management and workers’ compensation programs. See WorkCover NSW.

    NSW Workers Compensation Click on the PDF icon to download NSW’s Workers Compensation Regulation 2010.

    Who can Claim for NSW Workers Compensation Claims?

    To claim Workers Compensation in New South Wales you must be established as a NSW worker and have sustained a workplace injury in NSW whether who was at fault.

    What are my limitation periods to claim?

    To commence proceedings for a Workers Compensation Claim, you have three (3) years from your date of injury to claim. Thereafter, your claim will become statue barred.

    What are my legal entitlements for NSW Workers compensation?

    NSW Workers Compensation entitlements may include financial assistance/compensation for:
    • your wages while you are not working,
    • rehabilitation costs, and
    • ongoing medical treatment

    Your entitlements are highly dependant on the circumstances of your injury. The burden of proof in work injuries can be difficult to prove, making the need for proper representation essential. If you have lodged a WorkCover claim and have had no luck achieving a fair outcome, or your employer is making your claim difficult, the best course of action may be with a Personal Injury Accredited law firm with experience in resolving complex WorkCover claims. If you have a serious work injury that you believe was as a result of negligence in the workplace, please see below for more information as well lawyers to consider choosing (or avoiding) to further your worker’s compensation claim.

    Common Work Injuries – Not sure if your injury entitles you to compensation? See Safe Work Australia’s list of hospital admitted work injuries for a reference point.

    BPC Lawyers – BPC Lawyers have gained the trust of other non-compensation law related firms – Family and Criminal law firms often use BPC Lawyers to refer their clients with compensation matters that they are not equipped to handle.

    Lawyers to Avoid – A WorkCover Victim’s Diary has a great list of compensation lawyers who have had poor reviews and been fined for professional misconduct.

    What are my legal entitlements to a Common Law Claim?

    In New South Wales your injury has to be completely stabilised to pursue a lump sum claim (aka Common Law Claim) and your work related impairment is over 15% for physical and psychological injuries. Negligence also has to be established from the workplace accident.

    What are the benefits pursuing a Common Law Claim?

    Pursing a NSW Common Law Claim takes your past and future losses into consideration as well as the pain your have been going through and the agony. The insurance companies does not take these into account which therefore limits your compensation. The Common Law Claim is through the grounds of the legal scheme.

    Some of the benefits include:
    • Past and future pecuniary losses
    • Past and future health expenses
    • Past and future out of pocket costs
    • Pain and suffering.

    If I win, what should I expect my Legal Costs to be?

    Most compensation lawyers in NSW take their fees out once your lawyer finalises your matter in court or by agreement with the insurance agent. If you have receive a successful compensation settlement, the maximum a NSW compensation law firm can charge is 50% of the settlement amount. You can read more about NSW compensation lawyers here: Legal Costs for Legal Representation offered by NSW Compensation Lawyers

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    Motor Vehicle Accident Compensation Injury Law

    Who is legally entitled to claim for a NSW Motor Vehicle Accident?

    An Individual who was involved in a Motor Vehicle Accident as a driver, a passenger or as a pedestrian who was NOT AT FAULT struck by a motor vehicle in the state of New South Wales and you have sustained an injury.

    Limitation Periods to claim compensation for a NSW Motor Vehicle Accident

    You ONLY have three (3) years from your date of accident to commence a claim for compensation. No exceptions will be made outside of the period.

    What should I do after my Motor Vehicle Accident?
    1. You must immediately report the accident to the police to determine who was at fault of the accident
    2. You must take down as many details of where the accident occurred, details of the other driver and details of any witnesses
    3. You must lodge a Notice of Accident Claim Form and a Motor Vehicle Accident Personal Injury Claim form with the person at fault insurance company

    What entitlements should I receive with my car accident claim?

    When your claim has been accepted by insurance company your entitlements may include compensation for:
    • Medical attention and reimbursement of expenses
    • Wages while off work
    • Reimbursement of out of pocket expenses

    What are my rights when I have had a Motor Vehicle Accident during work hours?

    In New South Wales, if you have been involved in a Motor Vehicle Accident during work hours, this includes travelling to and from work and during work hours and you sustained an injury, you may have an entitlement to lodge a Journey Claim through your employer’s insurance company.

    Can I pursue a Common Law Claim?

    If your motor vehicle accident has established that the other driver was at fault and you have sustained an injury that may leave you with a permanent disability of 10% of whole person impairment, then you may be entitled to pursue a Common Law Claim.

    Pursuing a Common Law Claim for your NSW Motor Vehicle Accident can help you through the legal process getting you what you are 100% entitled to.

    This can include:
    • Past and future wage loss
    • Past and future medical costs
    • Pain and suffering

    What Fees do NSW Compensation Lawyers charge?

    All aspects of practising law and representing clients in NSW is highly regulated, including what fees compensation lawyers charge people that have been injured in traffic accidents. You can read more about NSW lawyers by visiting this page: How do Injury Compensation Lawyers Operate in NSW?

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    Public Liability Compensation Injury Law

    Who is entitled to pursue a New South Wales Public Liability Claim?

    An Individual who has been injured in a public place caused by the negligence of another party (owner or business) that has occurred in the state of New South Wales.

    What is Public Liability?

    A public liability claim is when someone has had an accident in a public place and as a result they have sustained an injury physically and psychological that has place them out of work and have incurred costs for their medical treatment and rehabilitation.

    Public Liability Claims can range from the following:
    • Being injury in shopping centres from having a slip and fall
    • Being injured in retail shops to restaurants
    • Being in a boating accident to sporting events
    • Sustaining an injury from defective products

    What are my limitations to a Public Liability Claim?

    Legally you may be only entitled to have three (3) years from your date of accident to commence proceedings to pursue a claim for Public Liability. To commence proceedings after three years your claim may become statue barred.

    What should I do legally after my accident?

    After your accident in a public place in New South Wales you must:
    • Report it the owner or to the business where the accident took place and notify them that you have sustained an injury as a result.
    • Lodge the a New South Wales claim with the negligent owner or business insurance company
    • Seek legal advice to you become aware of your legal rights and your full entitlements

    What are some of my entitlements to a NSW Public Claim?

    If you have proved that injury was sustained in a public place and it was NOT your fault then your entitlements for a NSW Public Liability Claim may include:
    • Your medical expenses being paid for your injury sustained and/ or reimbursed
    • Your wages still being paid while off work
    • Be in a position to pursue a Common Law Claim

    When can I pursue a Common Law Claim?

    Once negligence has been established, your claim is accepted by the insurance company you may be at the point to pursue a Common Law Claim. Pursing a Common Law Claim in New South Wales can assist with the life after been injured in a public place physically and also emotionally. It can guide you through the legal process and make you aware of your legal rights and your full entitlements.

    What type of Costs will my Lawyer charge, given I win my Compensation Case?

    NSW compensation lawyers can only bill you their service hours to you which are clearly outlined in their terms and receipts. This page discusses costs & fees: NSW Compensation Lawyers’ Client Fees