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Claims With Uninsured Employers

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In New South Wales (NSW), workers’ compensation is a legal requirement for all employers. Workers’ compensation insurance is designed to provide financial assistance to employees who are injured or become ill as a result of their work. This insurance covers medical expenses, lost wages, and other expenses related to the employee’s injury or illness.

However, not all employers comply with this requirement, and some may not have workers’ compensation insurance in place. Fines and heavy penalties apply to employers or businesses who hire workers but do not have a valid policy in place to cover them.

If you are injured on the job and your employer does not have workers’ compensation insurance, don’t worry, because all workers in NSW are covered for work-related injuries and illnesses under state legislation. Even if your employer is uninsured, you can still make a claim through iCare workers insurance.

It is obviously no fault of your own that your employer did not have a Policy in place to cover you, as a result, an injured worker whose employer does not have Workers Compensation Insurance is covered by the governments safety net, iCare Insurance – Uninsured Liability Indemnity Scheme. This scheme then becomes the nominal insurer liable for claims lodged by you against the uninsured employer.

To make a claim through iCare workers compensation, you will need to provide a copy of the WorkCover Certificate of Capacity. This certificate is obtained from your treating doctor and provides medical evidence of your injury as a result of your employment, and any incapacity for employment suffered due to your injury.

When reporting the incident, you should have the following available:

  • Your employer’s details.
  • Contact details of your treating doctor.
  • Description of the incident and your injury.
  • Details of any time off work.

Once you have notified iCare, iCare may conduct investigations before accepting liability to help determine liability and/or gather additional information. The purpose of these investigations is to determine:

  1. The actual employer who hired you
  2. Whether the employer who employed you was actually uninsured
  3. Whether you are a worker as defined by the Workplace Injury Management and Workers Compensation Act 1998
  4. Whether the injury for which you are claiming compensation occurred while you were working for the nominated employer, and the employment was a substantial contributing factor to the injury.

Understandably, these investigations are worrying and complex for an injured worker who has been informed that their employer did not have workers compensation insurance.

Fortunately, at Jameson Law, our Workers Compensation lawyers can assist and guide an injured worker in understanding the complexities of both an uninsured and insured workers compensation claim. If you have suffered an injury at work, are concerned if your employer has workers compensation insurance or are seeking general advice, we encourage you to contact our office to seek specialist legal advice on a “No Win-No Fee” basis. One of our workers compensation lawyers can assist you in initiating a claim or providing you advice on your workers compensation entitlements. For further information please contact us on 02 8806 0866 today.




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Income Protection Claim Guide

Income protection claim refers to a financial benefit that can be claimed by individuals who have been unable to work due to an illness or injury, and who have an income protection insurance policy in place. Income protection insurance Income protection insurance is a type of policy that provides a regular income to policyholders who are unable to work due to illness or injury, for a specified period of time. Generally, income protection insurance covers you for about 75% of your pre-injury salary for a minimum of 2 years, until age 65 or even life. The frequency of payments, age limit restrictions and the length of time you are entitled to claim for benefits vary between policies. In addition, payments may cease if your employment is terminated or if you have been paid a TPD claim benefit. Policy terms also tend to vary relating to how severe your condition needs to be for you to qualify for benefits. Some policies will pay you an income protection benefit only where you are unable to perform your usual job, while others pay where you cannot perform any occupation for which you are suited based on your education, training or experience. Some policies may have an offset clause. This means that the benefit payout you receive from the insurer may be reduced if you have received other income while you have been unable to work, such as WorkCover payments or Centrelink benefits. Who is eligible to make an income protection claim? Individuals who have an income protection insurance policy in place and who are unable to work due to illness or injury may be eligible to make an income protection claim. To be eligible, policyholders typically need to have been off work for a certain period of time, known as the waiting period. The waiting period can vary depending on the policy, but is typically between 14 and 90 days. How to successfully claim income protection? To successfully claim income protection, policyholders need to follow the process outlined by their insurance provider. This typically involves providing evidence of their illness or injury, as well as providing proof of their income prior to their illness or injury. The policyholder may also be required to provide evidence of their ongoing medical treatment and any other information relevant to their claim. Once you’ve lodged your claim, the decision will usually take 3 to 4 months, although this can vary. What to do if income protection claim is rejected? If an income protection claim is rejected, policyholders have the right to dispute the decision. This may involve providing additional evidence to support their claim, or appealing the decision through the insurer’s internal dispute resolution process. If the policyholder is still not satisfied with the outcome, they may be able to escalate their complaint to an external dispute resolution scheme, such as Court. Why would income protection claim be denied? An income protection claim may be denied for a number of reasons. Some common reasons include: – The policyholder has not satisfied the waiting period – The policyholder has not provided sufficient evidence of their illness or injury – The policyholder’s illness or injury is not covered under the policy – The policyholder has not provided sufficient evidence of their income prior to their illness or injury Can I make an income protection claim if I’m on Centrelink? Yes, individuals who are receiving Centrelink benefits may still be eligible to make an income protection claim. However, it is important to note that the income protection benefit may affect their Centrelink payments. It is recommended to consult with Jameson Law before making an income protection claim. Can I make an income protection claim if I have workers compensation claim or motor vehicle accident claim? Yes, individuals who have a workers compensation claim or motor vehicle accident claim may still be eligible to make an income protection claim. However, the income protection benefit may be reduced if the individual is already receiving compensation payments for their injury or illness. It is recommended to consult with Jameson Law before making an income protection claim.

A woman in a business suit being belittled by a coworker

Workplace Bullying: Your Compensation Rights | Jameson Law

Everyone has the right to feel safe at work. However, this is not always the case. You may be entitled to claim workers compensation if you have been bullied at work and sustained a physical or psychological injury as a result. What is bullying? Bullying and harassment in the workplace involves repetitive unreasonable behaviour by a person or group of people that causes humiliation, offence, intimidation or distress to another worker or group of workers.   Speak to a lawyer today Bullying comes in many forms, such as public humiliation, verbal abuse, cyber bullying, sexual harassment or spreading harmful rumours Examples of workplace bulling Behaving aggressively towards others. Teasing or playing practical jokes. Intimidation or humiliation. Pressuring someone to behave inappropriately. Uncomfortable physical behaviour. Excluding someone from work-related events. Unreasonable work demands. What is not workplace bullying? Not every negative workplace experience or emotion can be described as workplace bullying. Reasonable management action that’s carried out in a reasonable way is not bullying: Make decisions about poor performance Take disciplinary action Direct and control the way work is carried out Modification of employee duties to improve overall business performance Refusing a return to work request due to the employees medical condition Investigating alleged misconduct in the workplace Steps to take if you are being bullied at work 1. Keep Records You should keep a record of any bullying incidents that have occurred. It is best to take note of details such as the date, time, place and persons involved to help substantiate any of your claims. It is important to obtain statements from witnesses about the negative behaviour directed towards you. Your work colleagues, roommates or your family members can provide statements describing the impact the abuse had on your wellbeing, work and life.   Speak to a lawyer today In addition, please remember to consult with your GP and if necessary, obtain specialist referral in the interest of your health and wellbeing. 2. Seek advice at work and report it You should try to resolve any bullying issues at the workplace by bringing it to the attention of your employer. You can speak with your manager, health and safety representative or the human resources department. If you work in an organisation governed by the Fair Work Act, you may also apply to the Fair Work Commission for an order to stop the bullying. 3. Seek legal advice You should seek legal advice if you feel that the matter has not been adequately handled by your employer, your health declined as a result of the bullying, your ability to work has been affected due to your impacted health, or you just need more support or information. Claims for workplace bullying compensation payment can take several forms, including workers compensation claims, permanent impairment claims and work injury damages claims. Jameson Law can help you understand your rights and provide you with the help you need. Call us on 1800826895 or book your free consultation online. Reference: https://www.fairwork.gov.au/employment-conditions/bullying-sexual-harassment-and-discrimination-at-work/bullying-in-the-workplace

Minimum wage earners to get pay rise

Australia’s minimum wage earners to get $40 a week pay rise The Fair Work Commissions has ruled that Australia’s minimum wage will be increased by 5.2%, lifting minimum wages by at least $40 a week.  Noting a ‘sharp increase in the cost of living’, the commission has ruled that the hourly pay be lifted from $20.33 to $21.38. This decision, handed down in the annual wage review, will come into effect from 1 July, except for the aviation, tourism and hospitality sectors. Because of the slower recovery of these sectors, which are among those badly affected by the Covid recession, the increase will be delayed to 1 October. Prime Minister Anthony Albanese welcomed the decision, tweeting: “We welcome the Fair Work Commission’s announcement of a $1.05 an hour pay rise for Australians on the minimum wage. This is great news, but it’s just the beginning. We have more work to do [to] make sure more Australians can get ahead and have real economic security.” On the other hand, Australian Chamber of Commerce and Industry CEO Andrew McKellar expressed worry that the increase posed a “very significant risk” to the economy. “By our calculations, this will add $7.9 billion in costs to the affected businesses over the year ahead, so that will be a very considerable burden that those businesses will either have to take to their bottom line, or pass onto their customers,” he said. “It comes at a time when inflation is emerging as one of the most urgent challenges facing the Australian economy and if we are to address that, if we are to remain competitive, then, clearly, this is not a decision that will help in those circumstances.


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