Two years on from the start of the pandemic and it appears the ‘new normal’ may be here to stay, or at least workplace flexibility may be an ongoing option for some workplaces.

If you’ve been injured or become ill at work you may be entitled to make a claim for workers’ compensation to cover lost wages, medical and rehabilitation costs, retraining expenses or a lump sum payment for permanent injuries. These entitlements still exist even if you are working from home.

There have been a lot of changes to arrangements in NSW for seeking workers’ compensation in recent years. Workers’ compensation laws and entitlements are already a little hard to keep up with because they vary between states and territories and may be known as WorkCover, CTP or WorkSafe. Compensation and benefits can vary greatly depending on your injury and on the law you’re covered by. Add in the new phenomenon of ‘WFH’, and you could be forgiven for not quite knowing where to start.

The basics of workers compensation claims have not changed. To be eligible, the following must occur:

• your injury needs to arise out of or in the course of your employment, and
• your employment needs to be a substantial contributing factor to your injury (or main contributing factor if disease related conditions).

Is my home a ‘place of employment’?

The question of whether the home falls within the ‘place of employment’ definition has not yet been determined by the Personal Injury Commission or Courts. However, it is already established that a worker’s course of employment can extend beyond a worker’s normal hours and normal place of work. Therefore, it can be inferred that a home would be considered a place of employment so long as this is also an acceptable place to work as determined by your employer and you are able to perform your work duties from home. For example – an office worker probably spent various periods of time working from home over the past few years. However, it is unlikely that a supermarket attendant is able to justify working from home as their employment revolves around a particular work environment (the supermarket).

Workers’ compensation claims relating to injuries sustained while working at home will likely start emerging. If you’ve been injured at work or while working from home and you’re unsure if the circumstances of your injury will be covered by worker’s compensation, you should obtain legal advice at the earliest possible opportunity – as you would if you were injured in your employer’s workplace.

If your workers’ compensation claim has been rejected, or you would like to understand how to claim benefits to support you and your family while you are injured or ill, please get in touch with our office.

We remind you of our previous article titled ‘Time is of the essence … especially when it relates to a work injury’ which discusses the strict time limits when navigating the workers compensation system.

We hope that you are able to follow our tips to understand your workers compensation entitlements when working from home. If you have a query relating to any of the information in this article, or you require advice about your own matter, please don’t hesitate to get in touch with the Compensation Team of Brazel Moore Lawyers on (02) 4324 7699.

Please note that this information is intended to provide general guidance only. You should not act or refrain from acting on the basis of such information. Appropriate professional advice should be sought based upon your individual circumstances. For further information, please contact Littles.

The post Injured Whilst Working From Home? appeared first on Compensation Central Coast.

Lump sum compensation for permanent impairment is in addition to weekly payments, medical and related expenses that may generally be available through the workers compensation system, as discussed in our previous articles.

Am I Eligible for a Lump Sum Claim?

Claims for lump sum compensation for injuries that occurred on and from 1 January 2002 are based on an assessment of your permanent impairment.

The degree of permanent impairment that results from an injury is to be assessed by reference to the NSW Workers Compensation Guidelines For The Evaluation Of Permanent Impairment as a whole person impairment percentage (WPI). The methodology in the Guidelines is largely based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, 5th Edition (AMA5).

These guidelines for workers compensation include detailed tables and methods for evaluating the percentage whole person impairment. The doctor uses these guidelines to assess the percentage of whole person impairment based on the injuries sustained as a result of your workplace injury.

For claims made on or after 19 June 2012, a minimum level of WPI must be assessed to be eligible for lump sum compensation as follows:

• For physical injuries, you must have 11% or more permanent impairment.
• For psychological injuries, you must have 15% or more permanent impairment.

You are only entitled to make one lump sum claim, and there is no time limit to making this claim so it is important that you are satisfied your condition will not significantly deteriorate in future.

How do I get my permanent impairment assessed?

The degree of impairment must be assessed by an accredited independent medico-legal assessor who is approved by SIRA (State Insurance Regulation Authority) to undertake permanent impairment assessments.

To undergo an assessment, your injury must have reached “maximum medical improvement”.

This means your condition has stabilised and is unlikely to change substantially in the next year with or without treatment. If you are unsure if you have reached maximum medical improvement, it is best to speak with your treating doctor and specialists.

What happens at a permanent impairment assessment?

The medico-legal doctor who conducts your WPI assessment will look at the following criteria, among other things:

• Has your condition reached maximum medical improvement (MMI)? Or in other words, has your injury stabilised, and is your condition unlikely to improve?
• Do you have an impairment because of your injury?
• If so, it this impairment permanent?
• To what degree are you permanently impaired?
• Is your permanent impairment partly due to a previous injury or condition? If so, should a deduction be made?

After completing your assessment and answering these questions, the doctor will determine your whole person impairment percentage using the tables, graphs and methodology given in the guidelines and prepare a report based on their findings and expertise.

My treating specialist has recommended a form of treatment that I do not wish to undertake, will this affect whether I am at “maximum medical improvement”?

If you have been offered, but do not wish to undergo the recommended, additional or alternative treatment which may improve your condition, the medical assessor will make an assessment on your current condition without considering the potential effect of the proposed treatment.

The medical assessor may comment on the potential for improvement in your condition if you were to undergo the prescribed treatment, and note your rejection of this treatment, but this will not be considered in your assessment of whole person impairment.

Making a claim

The experienced compensation team at Brazel Moore Lawyers are able to seek funding from the Independent Review Office (IRO) to cover the costs of the independent medico-legal assessment and report as well as obtaining the required clinical notes etc. to enable this assessment to be completed.

We can arrange an examination by an appropriately qualified independent specialist to assess your degree of permanent impairment and thereafter advise whether you can make a claim for lump sum compensation. If you exceed the relevant threshold, the compensation team at Brazel Moore Lawyers can assist you in making the claim. If the insurer disputes your claim, we can also assist with challenging this dispute.

IRO also fund our professional costs also meaning you will not be responsible for any of our legal fees in investigating or assisting you with your claim for lump sum compensation.

We hope that you are able to follow our tips to understand your workers compensation entitlements. If, however, you have a query relating to any of the information in this article, or you require advice about your own matter, please don’t hesitate to get in touch with the Compensation Team of Brazel Moore Lawyers on (02) 4324 7699.

The post Workers Compensation Entitlements Explained Lump Sum Compensation appeared first on Compensation Central Coast.

I Have Just Had the Accident – What Do I Do?

Step One – Obtain Relevant Details of the Other Driver/s

First and foremost, it is important to ensure you obtain the relevant details of any drivers and vehicles involved. This includes:

• Contact details of all drivers (including name, address, phone number, licence number and CTP insurer details);
• Details of all vehicles involved (including make, model, and colour of the vehicle as well as the registration number);
• Details of any witnesses (including name, address, and phone number); and
• Any photos of damage to other cars and/or property. Photos may also include the environment surrounding the accident such as skid marks etc.

Step Two – Seek Medical Attention

If you have been injured, it is important to see a doctor as soon as possible.

Your doctor (GP) will be able to assess your injuries, support you with any treatment needs which may include referral to a specialist or allied health provider such as physiotherapist.

If you want to make a claim, discussed below, you should ask your GP to complete a Certificate of Fitness, which is the form prescribed by the State Insurance Regulation Authority (SIRA).

Make sure you keep any medical receipts including medication expenses and allied health treatment (such as physiotherapy).

Step Three – Report the Accident to Police

It is also important that the accident is reported to the police regardless of your involvement (i.e. driver, passenger etc.) as soon as possible. This step is crucial, even if you believe your injuries are only minor. If you have not reported the incident to the police within 28 days and later claim compensation for personal injury benefits, you may have to provide reasons to justify why you delayed the report.

If the police did not attend the scene of the accident, you should call the Police Assistance Line on 131 444 to report the accident and to receive an event number. If the police do not give you an even number, take down the name of the police officer you spoke to and the date of the conversation. You should also obtain the following information:

Step Four – Notify the Relevant CTP Insurer

A CTP claim compensation must be made against the green slip (CTP) insurer of the vehicle that caused the accident (the at-fault vehicle).

To get the name of the relevant CTP insurer, you need the at-fault vehicle’s licence plate. You can then enter your details, the other car’s details and what you know about the accident into SIRA’s (State Insurance Regulatory Authority) CTP Connect form, or contact CTP Assist on 1300 656 919 or via email at ctpassist@sira.nsw.gov.au for further assistance.

You should be aware that there are strict time limits for making a motor accident personal injury claimso it is important to make your claim as soon as possible. You must lodge your claim within three months after the date of the accident, or within 28 days if you want to claim ‘back pay’ for loss of earnings from the date of the accident.

What claim compensation and benefits are available?

There are two types of claim compensations that can be made:

• Claims for benefits set out in the legislation, also known as statutory benefits. This includes weekly income support benefits while you are unfit or partially fit for work and benefits for treatment and care you need for your accident-related injuries; and
• Claims for lump sum damages. This includes damages for non-economic loss (pain and suffering) and certain limited economic losses.

Almost anyone who is injured in a motor accident in NSW can claim compensation benefits. This includes whether you were at fault in causing the accident, or if no one was at fault in causing the accident.

If your only injuries are minor injuries or your accident was caused wholly or mostly due to your own fault, benefits will be available for only 26 weeks (roughly six months) after the accident. If you have non-minor injuries and you were not wholly or mostly at fault, you can receive treatment and care benefits for life and weekly income support payments for up to five years.

We hope that you are able to follow our tips to understand what to do if you have been in a motor vehicle accident caused by someone else. If you require advice about your own matter, please don’t hesitate to get in touch with the Compensation Team of Brazel Moore Lawyers on (02) 4324 7699.

The post I’ve Been Injured In A Motor Vehicle Accident (Mva) How To Claim Compensation The Initial Stages appeared first on Compensation Central Coast.

A virus (like COVID-19) may be considered a disease under the Workers Compensation Act 1987. To receive workers compensation for a disease, a worker would need to establish that the virus was a “disease” contracted in the course of employment, and that employment was the main contributing factor to the contracting of the disease.

In 2020, the NSW Government introduced laws which meant that workers in certain types of employment who contract COVID-19, are presumed to contract the virus in the workplace. The types of employment to which the presumption applies include:

• the retail industry (other than businesses providing only online retail);
• the health care sector, including ambulance officers and public health employees;
• disability and aged care facilities;
• educational institutions, including pre-schools, schools and tertiary institutions (other than establishments providing only on-line teaching services);
• police and emergency services (including fire brigades and rural fire services);
• refuges, halfway houses and homeless shelters;
• passenger transport services;
• libraries;
• courts and tribunals;
• correctional centres and detention centres;
• restaurants, clubs and hotels;
• the construction industry;
• places of public entertainment or instruction; and
• the cleaning industry.

To satisfy the above presumption, workers must have worked in the employment in the 21 days prior to their diagnosis with COVID-19. The presumption will not apply if it can be proved the worker contracted COVID-19 in another way, however this is a matter for the employer and/or insurer to prove.

What if I work in an industry not included in the above list but I believe I contracted COVID-19 in the workplace?

Given that your employment does not fall within the ‘prescribed employment’, it is still possible to bring a claim, however you will be responsible for proving that you contracted COVID-19 during the course of your employment. This will include obtaining evidence relating to:

• A full history as to the nature of your work and employment;
• A full history of all your movements including social and employment related contacts in the weeks leading up to a positive test;
• Any COVID-19 tests undertaken by you and/or anyone you had contact with leading up to the positive test;
• Consideration of expert evidence as to the incubation period based on the history provided by you and an opinion on the likely exposure date.

If you believe you have contracted COVID-19 at work, you should notify your employer immediately so that you can begin to receive workers compensation entitlement. Your employer will notify the insurer within 48 hours of receiving notification of a workplace injury. The insurer must commence weekly payments of compensation within 7 days of notification unless they have a reasonable excuse.

The amendments will provide weekly benefits and medical treatment to workers who are unable to work as a result of COVID-19. Dependents of essential workers who have died from COVID-19, will be entitled to bring a claim for death benefits.

If you think you might have a compensation claim for contracting Covid 19 at work, call our Compensation Team now on 4324 7699 for free advice.

The post I Think I Contracted Covid-19 At Work. Am I Entitled To Workers Compensation? appeared first on Compensation Central Coast.

• Is of a kind covered under the Workers Compensation Act such as medical or related treatment, ambulance service, hospital treatment (whether public or private), and workplace rehabilitation services; and
• Takes place while the worker is entitled to receive worker compensation for medical, hospital and rehabilitation services; and
• Is reasonably necessary because of the injury; and
• Is pre-approved by the insurer (unless the treatment or service is exempt from pre-approval as discussed below).

Medical or Related Treatment

Medical related treatment can include:

• treatment by medical practitioners, physiotherapists, psychologists, counsellors, exercise physiologists, and/or other allied health practitioners;
• provision of artificial aids such as crutches, joint replacement etc;
• domestic assistance services;
• nursing, medical and medicine supplies (provided outside of hospital treatment); and
• modifications to your home or vehicle.

The insurer will only pay expenses for treatment or services which are reasonably necessary as a result of your injury, so you should ensure you have the insurer’s approval of the requested treatment prior to receiving it.

However, some treatments don’t require pre-approval in order for you to claim worker compensation expenses. These include but are not limited to:

• Initial treatment (any treatment within 48 hours of the injury happening);
• Appointments with your nominated treating doctor (NTD) in relation to your injury;
• Treatment during an appointment for the injury provided by your nominated treating doctor within one month of the injury;
• Any services for the injury that are provided in the emergency department of a public hospital; and
• Some treatments with allied health professionals (but it is best to speak with your worker compensation claims manager first).

Workplace Rehabilitation Services

Workplace rehabilitation services can include:

• Support for an injured worker to recover at work or return to work;
• The provision of vocational, functional and workplaces assessments;
• Support in identifying suitable work;
• Re-training and placement in employment (subject to cost limits).

Domestic Assistance

Domestic assistance can include tasks around the home that you are no longer able to carry out due to pain or injuries such as household cleaning, laundry, lawn and garden care.

To claim worker compensation domestic assistance an injured worker must:

• Be certified by a medical practitioner that domestic assistance is reasonably necessary based on a functional assessment and that the need for domestic assistance arises from the injury;
• Establish that the worker performed the domestic task prior to the injury;
• Have 15% whole person impairment or more or the assistance is temporary (up to six hours per week for a total period of three months).

Frequently Asked Questions:

What is reasonably necessary?

The phrase ‘reasonably necessary’ is the test used by the insurer when determining whether they are responsible for payment of a requested treatment expense.

When deciding whether the treatment is ‘reasonably necessary’, the insurer considers things like the following questions:

• Is the treatment required as a result of the injury?
• Is the treatment likely to alleviate pain or symptoms of the injury?
• Is the treatment reasonably necessary for this particular person (noting that what may be reasonably necessary for one person, may not be reasonably necessary for a different person requesting the same treatment)?
• Is the requested treatment appropriate?
• Is their alternative treatment options available that might be more beneficial or at least worth trying in the first instance?
• Does the evidence provided by the medical professionals support this request, and is this an accepted form of treatment in the medical profession?
• Is the cost of the treatment appropriate?

As you can see the reasonably necessary test is not a simple process which means that sometimes the insurer will take some time to consider the request and provide an outcome.

How long does the insurer have to consider the request and make a decision?

Insurers are to determine treatment approval as soon as possible after receiving a request. All treatment requests must be determined within 21 days of receipt.

In some cases, an insurer will deny a treatment request whilst they wait for further evidence such as a report from your treating doctor or an independent medical doctor.

How long are my medical, hospital, and rehabilitation expenses covered for?

You may only claim for the cost of medical and related treatment, hospital treatment and rehabilitation services during a specific compensation entitlement period and this period depends on whether or not your injury has resulted in an assessed degree of permanent impairment.

Workers with no permanent impairment or a permanent impairment assessed as 10 per cent or less can claim expenses for treatment or services provided:

• for two years after weekly payments stop being payable, or
• for two years from the date of claim if no weekly payments made.

Workers with a degree of permanent impairment assessed as more than 10 per cent but not more than 20 per cent can claim expenses for treatment or services provided:

• for five years after weekly payments stop being payable, or
• for five years from the date of claim if no weekly payments made.

Workers with high needs can claim medical and related expenses for life. A worker with high needs is a worker:

• with a permanent impairment assessed as more than 20 per cent; or
• an assessment of the degree of permanent impairment is pending and has not been made because an approved medical specialist has declined to make the assessment on the basis that maximum medical improvement has not been reached and the degree of permanent impairment is not fully ascertainable; or
• the insurer is satisfied that the degree of permanent impairment is likely to be more than 20 per cent.

What about the cost of travelling to all of the appointments and to the pharmacy?

You are entitled to claim reimbursement for travel to and from appointments relating to treatment of your workplace injury, including travel to and from pharmacy.

If you drive in your own car, you are entitled to claim $0.55 per kilometre.

If you travel via public transport, you can submit your receipts to the insurer for reimbursement.

Some insurers require travel reimbursement claims to be set out on a particular form so it is best to chat with your claims manager about how you need to set out your reimbursement claim.

We hope that you are able to follow our tips to understand your worker compensation entitlements. If, however, you have a query relating to any of the information in this article, or you require advice about your own matter, please don’t hesitate to get in touch with the Compensation Team of Brazel Moore Lawyers on (02) 4324 7699.

The post Workers Compensation Entitlements Explained – Medical, Hospital, And Rehabilitation Expenses appeared first on Compensation Central Coast.

After the insurer has been notified of the injury, they will contact you to discuss the notification and support available.

How are weekly benefits calculated?
Weekly benefits are calculated based on pre-injury average weekly earnings (PIAWE). For injuries that occurred on or after 21 October 2019, PIAWE is the weekly average of a worker’s gross earnings over the 52 weeks prior to their date of injury. If the PIAWE exceeds the maximum prescribed weekly benefit amount under the Workers Compensation Act, then a rate of $2,282.90 will apply.

Below is a brief explanation of weekly benefits during the various entitlement periods.

(a) Weekly Benefits During First Entitlement Period – 0 to 13 Weeks
The first entitlement period comprises of the first thirteen (13) weeks, whether consecutive or not, where a weekly benefit is payable to the worker. A worker who has no current capacity to work, as stipulated on the Certificate of Capacity completed by a doctor, is entitled to weekly benefits at 95% of PIAWE. If a worker who has some current work capacity, they are entitled to weekly benefits at 95% PIAWE, less the value of the worker’s earning capacity. The capacity to earn is determined by what a worker can earn on the open labour market, considering the worker’s skills, regardless of whether he or she has a job.

(b) Weekly Benefits During Second Entitlement Period – 14 to 130 Weeks
The second entitlement period comprises of weeks 14 to 130, whether consecutive or not, where a weekly benefit is payable to the worker. A worker who is certified to have no current capacity to work is entitled to weekly benefits at 80% of PIAWE. A worker who has some current work capacity and who has returned to work for at least 15 hours per week is entitled to weekly benefits at 95% of PIAWE, less the value of the worker’s earning capacity. A worker who has some current work capacity and who has not returned to work for at least 15 hours per week (or who has not returned to work) is entitled to weekly benefits at 80% of PIAWE, less the value of the worker’s earning capacity.

(c) Weekly Benefits after the Second Entitlement Period – 131 to 260 weeks
Where a worker has not had a whole person impairment assessment or that assessment is 20% or less, weekly benefits are payable after the second entitlement period only if the worker is assessed by the insurer to have:
a) no work capacity and has been assessed by the insurer as likely to continue with no work capacity indefinitely; or
b) some current work capacity, and:
i. the worker has applied for ongoing weekly benefits, and
ii. the worker has returned to work for at least 15 hours per week, and
iii. the worker is earning at least $155.00 per week (a prescribed amount as indexed), and
iv. the worker has been assessed by the insurer as being unlikely to be able to undertake further additional employment to earn a larger amount indefinitely. If a worker is accepted as having a whole person impairment of more than 20% and has no work capacity, weekly benefits will continue at 80% of PIAWE. If a worker is accepted as having a whole person impairment of more than 20% and some current work capacity, weekly benefits will continue at 80% of PIAWE less the value of the worker’s earning capacity.

(d) Weekly Benefits after 260 weeks
No weekly benefits are payable to a worker after 260 weeks (whether consecutive weeks or not) unless the worker has sustained permanent impairment of at least 21%. If the worker is entitled to weekly benefits, payment is made at the same rate as set out above, i.e. after the Second Entitlement Period.

(e) Weekly benefits Highest Needs Workers
If a worker is accepted to have a whole person impairment greater than 30%, they are considered a worker with highest needs. A worker with highest needs is entitled to the greater of a weekly benefit of $840.00 (as indexed) or 80% of PIAWE.

Retirement Age
If you’re receiving weekly benefits and reach retirement age, pending the above, you may be entitled to receive weekly benefits for a further period of 12 months. Retirement age is defined in the legislation as the age at which the person would, subject to otherwise qualifying, be eligible to receive an aged pension.

Frequently Asked Questions about Weekly Benefits:

Do I receive superannuation payments whilst on workers compensation?
Superannuation is usually not payable while an employee is on workers compensation however there are exceptions. Some Modern Awards and registered agreements require employers to make superannuation contributions whilst employees are away from work and in receipt of workers compensation insurance. It is important to check the award or agreement if such provisions apply.

Are weekly benefits taxable?
Yes. Weekly benefits are considered assessable and taxable income, regardless of whether you are paid periodically or in a lump sum. Workers compensation payments are a substitute for taxable income and so take on the same character.

Do I need to continue getting a Certificate of Capacity if I am a worker with high needs or highest needs?
Yes. An injured worker is required to continue to provide the insurer with a valid Certificate of Capacity until they are no longer entitled to payments.

What happens if I am injured at work on or after retiring age?
If you receive an injury on or after retiring age, you may be entitled to weekly benefits during the 12-month period that starts from the date of your first incapacity.

I do not agree with my PIAWE, is there anything that can be done?
If you do not agree with your PIAWE, you can contact the insurer and complete a PIAWE Review Form.

If you need help understanding your workers compensation entitlements or you need advice about your matter, please call Brazel Moore Compensation Lawyers on (02) 4324 7699.

The post Workers Compensation Entitlements Explained – Weekly Benefits appeared first on Compensation Central Coast.

In a recent case we acted for 55 year old Rosalie.  Rosalie was employed as an in house assistant for predominantly self sufficient clients.  Her duties mainly consisted of domestic and cleaning support and performing an assortment of tasks such as cleaning, cooking, laundering and other general household services.

Rosalie’s employment meant that she was required to service multiple clients per day back to back and was required to perform repetitive tasks such as lifting heavy loads of laundry, moving heavy furniture to vacuum and bending and twisting to clean bathrooms.  In the beginning of her employment, Rosalie was not provided with any training or guidance on correct lifting procedures or weight limitations.  There were no protocols nor strategies that the employer had put in place to provide a safe working environment for staff to prevent or minimize the risk of injury or repetitive strain.  Employers are required to ensure a safe working environment for all employees.

During a normal day of employment, Rosalie was at her third residence for the day when she became aware of the pain in her shoulder.  Shortly after, when moving furniture, the pain became so severe that Rosalie was unable to continue to work that day.

Rosalie approached Brazel Moore Compensation Lawyers to assist her to make a Workers Compensation Claim.  Under the no-fault Workers Compensation Scheme, her claim was accepted by the Insurer for the injury to her shoulder and spine.  Rosalie eventually required surgery on her shoulder, however, she was still left with chronic pain and despite ongoing physiotherapy, Rosalie was not able to return to her pre-injury position.

Due to Rosalie’s incapacitation from her workplace injury which now prevented her from returning to the workforce, we assisted Rosalie to make a civil claim against her former employer for their negligence in not providing proper procedures and guidance required to prevent injury in her employment.  That claim was successful.

Leading Law Firms committed to helping clients cost-effectively will have a range of fixed-priced initial consultations to suit most people’s needs in quickly learning what their options are.  At Brazel Moore Compensation Lawyers we have an experienced team who can answer your questions and put you on the right track.

If you have been injured at work, call Michelle Meares now on 4324 7699.

The post Employers have a duty of care to keep you safe from injury! appeared first on Compensation Central Coast.

How long do I have to make a claim for Workers Compensation in New South Wales?

A claim for workers compensation in New South Wales must be made within six (6) months from the date of the injury, accident, or delay. This time limit is outlined in the Workplace Injury and Management Act 1998 (NSW).

Despite having six (6) months to make a notification of an injury, a worker should make the claim as soon as possible whilst the incident details are fresh in your mind and treatment notes and the like are readily available.

I am injured as a result of work and I didn’t make a claim within six months, am I still eligible for workers compensation benefits?

It is still possible to make a claim up to three (3) years after the date of injury or accident if you are able to show that there is a genuine reason for the delay.

Genuine reasons outlined in the Workplace Injury and Management Act 1998 (NSW) include:

1. The claim was not lodged in time due to a result of ignorance or mistake;
2. You were absent from the state of New South Wales; or
3. You did not become aware of the injury or condition until sometime are the date of injury or accident.

In the event that you were not aware of the injury or condition until sometime after the event, the time limit begins from when you became aware of the injury or condition caused by the workplace. This is particularly relevant in disease and hearing loss matters.

What happens if it has been more than three years since my work injury?

It is possible for you to make a claim outside of the three (3) years if your injury resulted in a serious and permanent impairment and you are able to show that there is a genuine reason for the delay.

injured workers to make a workers compensation claim outside of the three (3) year period from the date of injury or accident if the injury resulted in death or serious and permanent disablement, however the injured worker will still have to demonstrate there was a reasonable cause for the delayed claim.

I have settled my permanent impairment claim, is there a time limit for a work injury damages claims?

A work injury damages claim is a common law claim against an injured workers employer for negligence. A work injury damages claim cannot be made until you have been assessed as suffering a whole person impairment assessment of at least 15% and you have made a claim for lump sum compensation. You must also show that your injury was caused by the employer’s negligence and this negligence caused you to suffer a loss.

In a work injury damages claim, court proceedings must commence within three (3) years of the date of or accident unless there is approval from the Court and an extension of time is granted. It is not guaranteed that an extension of time will be granted; therefore time is of the essence.

Contact the Team at Brazel Moore Lawyers

It is important to seek legal advice and assistance as soon as possible after you have suffered an injury at work, or as soon as you become aware of an injury that occurred as a result of your employment.

If you believe you have been injured at work and need assistance in ensuring you receive your workers compensation entitlements, please contact the team at Brazel Moore Lawyers on (02) 4324 7699 and speak with a member of our workers compensation team.

The post Time is of the Essence … Especially When it Relates to A Work Injury appeared first on Compensation Central Coast.

The Independent Review Office (IRO) is an initiative of the NSW Government who will grant free legal advice to those injured at work in NSW.

What does IRO do?

IRO’s main focus is to assist injured workers and those injured in motor vehicle accidents in accessing legal representation about their potential workers compensation entitlements. For injured workers, IRO allows injured workers to obtain free legal advice about potential and established workers compensation claims. IRO is also able to assist in resolving complaints made by an injured working that relate to the insurer’s handling or conduct of a workers compensation claim.

Am I Eligible for Free Legal Advice?

IRO will provide funding to injured workers, excluding those considered ‘exempt workers’, so long as the worker is able to demonstrate that they were injured during the course of employment. An exempt worker includes police officers, firefighters, paramedics, coal miners and workers suffering from a dust disease are not eligible for IRO funding. IRO will also not provide a grant of assistance to workers that fall under the ComCare scheme.

A grant of assistance is not means tested and is in place for the duration of a claim regardless of the result.

What does the Grant of Funding Allow My Lawyer to Investigate?

IRO will provide funding to a workers compensation lawyer to cover all legal costs associated with:

• Providing workers with general advice regarding their rights and entitlements under NSW workers compensation legislation;
• Making and investigating a workers compensation claim;
• Challenging a dispute notice issued by the insurer in relation to a claim;
• Having a dispute determined in the Personal Injury Commission (PIC); and
• Accessing death benefits.

IRO will also fund disbursements where it is reasonably necessary to conduct investigations, obtain evidence or incur expenses to progress a claim or matter. Most disbursements are subject to a gazetted rate determined by the State Insurer Regulation Authority (SIRA). IRO will not fund anything in excess of the gazetted rate.

How is Funding from IRO Administered?

Upon instruction from an injured worker, a lawyer will make a request for grant of funding to IRO. IRO will respond to the application within five (5) days.

STAGE ONE – Preliminary Legal Advice

At stage one, the injured worker can receive early legal advice about their entitlements to workers compensation.

At this stage, the lawyer will complete a worker’s injury claim form on behalf of the workers and conduct preliminary investigations which includes obtaining clinical notes from the worker’s treating doctors and specialists.

STAGE TWO – Investigations and Claims

At stage two, the lawyer will continue to induct further investigations into a claim which may include having the worker assessed by an independent medico-legal doctor to assess their injury, cause, treatment and potential whole person impairment.

At stage two, the lawyer will also attempt to resolve the matter with the insurer and avoid the need to go to the Personal Injury Commission (PIC).

STAGE THREE – Proceedings in the Personal Injury Commission

IRO will grant funding where they believe there is an arguable case to proceed to the Personal Injury Commission and there have been sufficient attempts to resolve the matter with the insurer or their legal representative.

At stage three, the lawyer will commence proceedings in the Personal Injury Commission to have the matter determined by a Member. The decisions made in the Personal Injury Commission are binding on all parties.

STAGE FOUR – Appeals and Reconsiderations

In the event that a decision of the Personal Injury Commission must be appealed, IRO will extend the grant of assistance to fund such appeal or request for reconsideration.

If you believe you have been injured at work and need assistance in ensuring you receive your workers compensation entitlements, please contact the team at Brazel Moore Lawyers Central Coast on (02) 4324 7699 and speak with a member of our Workers Compensation Central Coast team.

The post Who Is IRO And Will They Fund My Workers Compensation Matter? appeared first on Compensation Central Coast.

The company responsible for maintaining the area denied that it was responsible for her injury, and she was left saddled with medical bills, time off work, and an injury which reduced her mobility and left her with permanent damage.

Where a person is injured due to an unsafe environment, and this area is owned or in the control of another person (or business), the injured person is entitled to compensation under certain circumstances.

In this instance the company responsible for maintaining the ramp argued that they had not been negligent and that the walkway was reasonably safe. They argued that the woman had slipped over in circumstances that were unlucky, but no-one’s fault. They also argued that she should have paid closer attention to where she walked.

This argument has been successful in many similar cases, as the courts accept that injuries can happen without anyone being to blame. People are expected to keep an eye out for their own safety, and exercise reasonable care when walking in hazardous conditions, such as when it is raining.

In this case the rain was only one factor that led to the fall. The ramp she walked over was unusually slippery because it had not been well maintained. The company could have done things to make the ramp safer, such as covering it with a better nonstick coating or a surface with a textured grip. They could also have put up signs which warned people that it would be slippery in wet weather.

Brazel Moore Lawyers pursued a claim on her behalf on a “no win no fee” basis and was able to get a settlement of money for her.

If you have been injured and you aren’t sure if you have a compensation claim, we encourage you to contact our firm today for free legal advice.

Leading law firms committed to helping clients cost-effectively will have a range of fixed- priced Initial Consultations to suit most people’s needs in quickly learning what their options are. At Brazel Moore we have an experienced team who can answer your questions and put you on the right track. Click here to see your Initial Consultation options.

The post Slippery Surfaces Lead to Slippery Cases – What happens when you fall in the rain? appeared first on Compensation Central Coast.