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Workers Compensation Claims NSW

If you’ve suffered a work-related injury or illness, everything can change in an instant. Our expert workers compensation lawyers can help you to understand your rights and access your full entitlements to get your life back on track.

The laws surrounding workers compensation claims differ in each state. If you are in New South Wales, you are in the right place, and the information on this page applies to you. If you are outside of New South Wales, please select the state relevant to you: Northern Territory, Victoria, Western Australia, Queensland.

Am I eligible for Workers Compensation?

All employers in NSW are required to have compulsory workers compensation insurance for employees in their workplace.

You are covered by workers compensation if you are a:

  • Casual or permanent employee
  • Full time or part-time employee
  • Self-employed worker
  • Person deemed to be a worker

There are many types of injuries covered by the workers compensation scheme in NSW, including injuries or illnesses suffered at work, as a result of work, or during work activities. Depending on the circumstances of your injury or illness, and how it occurred, there are different types of claims you may be eligible to make.

If you believe you have suffered a work-related injury or illness, one of our workers compensation lawyers will be able to help you to understand your rights and advise what you are eligible to claim.

What can I claim under Workers Compensation?

Following an injury or accident at work, it can be hard to know just how much your injuries will impact your life. It can feel like your whole world has come to a screeching halt. If you are injured at work or because of work, compensation can come in the form of weekly payments, medical expenses and a lump sum payment through the workers compensation scheme. This can all be claimed regardless of who was at fault.

You may be able to claim for:

  • Loss of wages/earnings
  • Hospital and medical expenses
  • Rehabilitation expenses
  • Permanent impairment compensation
  • Travelling expenses
  • Return to work services
  • Common law damages
  • Benefits associated with the death of a worker

Several factors impact the amount of compensation you or your loved one may be entitled to. These factors largely focus on the gap between your predicted life path and your new life path, including the expenses you have incurred as a result of your injury.

The amount of compensation you can receive may depend on:

  • Your working conditions, including supervision and the level of training you received;
  • The seriousness and complexity of your injury;
  • Your own injury management, including rehabilitation prospects and potential aggravation; and
  • Your employer’s liability – whether your injury was a result of their negligence.

Once we meet with you and understand the details of your circumstances, we can give you a better idea of what to expect as your claim progresses.

Do I need a need a lawyer to make a Workers Compensation claim?

You can legally represent yourself when making a compensation claim, however to do so successfully requires a thorough understanding of the law, your legal rights and entitlements, and a commitment to actively pursue the case to move it forward.

Many people making a workers compensation legal claim choose not to act for themselves and instead seek the assistance of an expert compensation lawyer. A workers compensation lawyer will be able to look at the full details of your circumstances and the incident and help you to claim the full compensation you are entitled to under the NSW workers compensation scheme.

Our team of workers compensation experts may be able to help you if:

  • you need help submitting a workers compensation claim;
  • you submitted a workers compensation claim, but it has been rejected by your employer’s insurer;
  • you have taken the insurer to conciliation through the Workers Compensation Commission and don’t know what to do next;
  • your employer is refusing to cooperate with your claim, or pressuring you to return to work;
  • your employer's insurer is refusing to pay for treatment or hasn’t approved your request for surgery;
  • your entitlement payments are incorrect or have been cut off; and/or
  • you’ve suffered a workplace injury and need advice on the next steps.

Shine Lawyers can help

If you have suffered a workplace injury or illness, you may be entitled to compensation. Contact Shine Lawyers today for an obligation-free discussion about your potential claim. Our team of expert workers compensation lawyers can help you to understand your rights and access the compensation you’re entitled to, and you don’t have to worry about out-of-pocket legal expenses.

Depending on the type of claim you’re eligible to make, it will either be funded by the Workers Compensation Independent Review Office (WIRO), or run under our No Win, No Fee guarantee. We’ll explain more about this during your initial obligation-free consultation.

For more information about how Shine Lawyers will handle your case, watch our simple step-by-step guide to compensation claims below. Or if you want to find out more about workers compensation claims, see our Common Questions section.

Superannuation and Disability Insurance

If you are unable to work due to illness or injury you may also be entitled to benefits through your superannuation or other insurance policies. Speak to one of our Superannuation and Insurance Claims experts for a quick, obligation-free analysis of your situation to determine your rights and ability to make a claim. Learn more about Superannuation and Disability Insurance Claims

Our offer to you

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Obligation-free initial consultation to assess your case confidentially

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Claim assessment process where we will explain all of the options available to you

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We can come to you - if you can't make it into the office we're more than happy to come to you

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No Win No Fee arrangement

Common Questions

To make a workers compensation claim, it’s important to do three things as quickly as possible:

  1. Report your injury to your employer immediately.
  2. Visit a qualified medical practitioner as soon as possible. You’ll need medical evidence to prove your injury is work related.
  3. Lodge a claim with your employer’s insurer.

The longer you wait, the more you could lose in entitlements.

At this point, we recommend seeking advice from a workers compensation lawyer, as they can help you to get the best possible outcome.

Workers compensation cases in NSW could include:

Depending on the circumstances of your situation and the work incident which resulted in your injury or illness, the workers compensation legal process can be complicated. After your initial consultation, your expert workers compensation lawyer will be able to give you an idea of the timing, process and information required from you and will be with you through each step of your claim.

The amount you will be able to claim will depend on the particular facts of your situation.

Certain things that may affect the amount you can claim include the state or territory where your injury happened and the date of your injury. Once we have put together the evidence to support your claim, we should be able to give you a better idea of what to expect.

To ensure you get the best outcome from your claim, it’s important that you seek legal advice before accepting any lump-sum payment from an insurer.

Workers compensation insurance is a requirement for all NSW employers and if you bring about a claim for compensation following your work related injury or illness it’s your employer’s insurance company that pays.

This is what insurance companies exist for – to provide cover and peace of mind for businesses in the event of work related injuries to employees.

Our role is to help you get the full amount of compensation you’re entitled to, because more often than not, insurance companies will provide lowball offers or use delay tactics to minimise the amount they need to pay out.

For workers compensation claims in NSW there are no out of pocket costs to injured workers. If you are eligible to make a statutory workers compensation claim, we apply for funding from the WIRO (Workers Compensation Independent Review Office), so you don’t need to pay anything.

For common law claims, we work on a No Win, No Fee basis, which means there are no up-front costs and you only pay our legal fees if your case is successful.

We’ll explain more about how this funding works during your initial obligation-free consultation.

Workers compensation claims can generally take up to a year or two to reach a successful conclusion under NSW law; it generally depends on your injuries, how serious they are, and what treatment you will need before your injuries stabilise.

If you have been injured at work it’s important you seek legal help straight away, because there are specific deadlines which if missed will make you unable to claim compensation.

We understand the importance of resolving your claim quickly and will seek to get you the best outcome for you as quickly as possible so you can focus on getting your life back on track.

Due to strict time limits associated with making a workers compensation claim, we recommend that you seek legal advice at as soon as you can to make sure you’re fully compensated for your injuries. Please contact Shine Lawyers for further information regarding your entitlements and your eligibility to make a claim.

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to workers compensation claims across Australia and we can help you get the compensation you deserve.

It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations:

Shine Lawyers are one of the biggest personal injury litigation firms in Australia and have the experience and nous to go up against the big insurance companies to get you the result you deserve.

At Shine Lawyers you will have your own go-to team, who are always available to chat and who understand that explaining things to you in plain English is important.

Hear from some of our clients who have been through the legal process with us.

Shine Lawyers are expert workers compensation lawyers in NSW that can help you get the compensation you need following your injury. Click on the links below for more information about how Shine Lawyers can help you today.

Why you should choose Shine Lawyers to handle your workers compensation claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation:

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