Workers Compensation

Under NSW Workers Compensation law, injured workers are entitled to a permanent impairment claim if they are assessed at 11% Whole Person Impairment or greater for a physical injury or 15% Whole Person Impairment for a psychological injury.

Psychological injuries as a result of work are significant workers compensation claims, however there is a potential defence for employers to prevent psychological claims.

If you are injured at work and require workers compensation, one of the entitlements available to you is weekly payments for the period you are incapacitated to work.

Under NSW Workers Compensation Law if you require treatment as a result of an injury the workers compensation insurer is required to pay for the treatment if it is considered reasonably necessary.

Under Workers Compensation Legislation, if a worker is assessed at 31% Whole Person Impairment or greater they are considered a “worker with highest needs”.

In 2012 the NSW Government made significant changes to the workers compensation system.

As every new employee commences work their employer must provide them with certain documentation and the documentation from the Fair Work Commission has recently been updated.

Coronavirus is the hot topic on everyone’s mind but what happens if you contract Coronavirus as a result of your employment, can you claim workers compensation.

One of the disputes workers compensation clients will encounter with insurance companies is whether treatment is reasonably necessary following a workplace injury.

With the festive season in full swing and enthusiastic employees awaiting a party to unwind from their work responsibilities, employers should be aware that liability for workers compensation claims is still applicable.

Under the NSW Workers Compensation system a worker is assessed, once they have reached maximum medical improvement, based on a percentage of whole person impairment.

In NSW each year there are approximately 100 deaths that occur at work or as a result of work.

Further to Libby Campbell’s article last week in regards to hours of work and the calculation of pre-injury average weekly earnings (PIAWE), for work capacity decisions made on or after 1 January 2019, there is a new regime.

The payment of weekly compensation for workers compensation matters are calculated based on the workers pre-injury average weekly earnings (PIAWE) prior to the injury date.

Many injured workers are faced with having their weekly payments stopped due to a change in workers compensation laws that was introduced in 2012, limiting the amount of weekly payments a worker could receive to 260 weeks (5 years) under section 39 of the Workers Compensation Act 1987.

On 19 June 2012 the Workers Compensation Act 1987 was substantially amended, one of those amendments was to greatly limit workers and their ability to claim benefits under the Workers Compensation Act for injuries sustained whilst on a journey to and from work.

On 19 June 2012 section 9B of the Workers Compensation Act 1987 (section 9B) was introduced that provides that no compensation will be payable for people suffering from a stroke or a heart attack, unless the nature of employment gave rise to a significantly greater risk of the worker suffering the injury.

Injured workers receiving weekly entitlements are exposed, throughout the life of their claim, to a potential work capacity decision made by the insurance company at any time.

Under NSW workers compensation law medical expenses are stopped after certain periods depending on the severity of the injury.

The 21st century has seen an increase in the use of flexible working arrangements and alternate employment settings, which can involve the home.

Under section 66 of the Workers Compensation Act 1987 workers are able to claim for permanent impairment for injuries which are assessed at greater than 10% whole person impairment (WPI) for physical injuries, or 15%WPI or more for psychological injuries.

In 2012 there were some big changes made to workers compensation laws, the impact of which are now being realised.

If you have been injured at work you may be eligible to claim for four types of compensation under the Workers Compensation Act 1987 (NSW).

Sometimes getting back to work after a workplace injury is not a seamless transition, particularly if you can’t perform your previous role.

In NSW, if a person was on their way to or from work (known as ‘journey claims‘) and they suffered an injury, they have always been covered for workers compensation.