WORK ACCIDENTS
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You can claim more than just weeklies and medicals. We'll fight for an additional minimum lump-sum of at least $15,400
Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2025.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
Award-Winning Compensation Law Firm
We have won several awards including APAC’s coveted Best Personal Injury Law Firm Australia 2025.
Proven Track Record
50+ Years of Combined Experience litigating Personal Injury Cases means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
No Win No Fee Guarantee
Our No Win No Fee guarantee includes all disbursements. Your payout will always significantly outweigh our legal fees.
Workplace accidents can be very stressful for the injured person and the employer. Whilst people have a general idea of the process involved in a workers compensation claim, what they tend to forget is that sometimes, it is not just about receiving treatment and returning to work as quickly as possible. At times, the injuries sustained as a result of a workplace accident could be a lot more severe and have a lasting impact on your capacity to return to normal work duties or even everyday activities. The process of recovering workers compensation can be a lot more complicated than you think. At Jameson Law, we understand that for most people, their job is their single source of income and they will do whatever it takes to return to work as soon as possible, despite their serious injury to simply support themselves and their families. However, we also get that this does not necessarily have to be the case!
Work Accident and Workers Compensation
Workers Compensation is designed specifically to protect workers, ie employees when they sustained work-related injuries and ensure that they have sufficiently recovered before returning to work and/or a afforded the opportunity to return to suitable duties without sustaining financial hardship. On the same token, work-related accidents can sometimes lead to serious injuries that require extensive and costly medical treatment. As part of your workers compensation claim, you are also entitled to reasonable and necessary treatment expenses that will aid your recovery and rehabilitation.
When you are injured in the workplace, sometimes you are hesitant to ask about your rights and entitlements due to fear of termination or simply because you do not want to harm your employer. Rest assured. Legally, your employer should not terminate your employment or make your redundant due to your work-related injuries. However, if this were to happen, you are entitled to receive weekly benefits from the insurer and potentially compensation for future economic loss as a result of your incapacity for employment. Employers generally have workers compensation insurance and it is their insurer that will cover the cost of your claim.
Speak to a lawyer today
Ask one of our Lawyers today about your entitlements under workers compensation law and don’t just assume that you are getting all the compensation you are entitled to recover.
Case Study
Patrick works for a small business which takes on construction work. He is a labourer. Patrick was asked by his employer to visit one of the construction sites on a Friday and move large bricks out of the way so that no one trips over them on the weekend. His employer did not provide him with any equipment or machinery to help him with moving the bricks on the construction site. He also did not tell him that this is a two-man job and that he should take someone with him or ask one of the construction workers on the site to assist him with lifting the heavy bricks. Friday was Patrick’s day in the office so he was not wearing the proper protective equipment including incorrect footwear, however, his employer did not mention anything about that.
Patrick arrived at the construction site and began to move the bricks. As he picked up the third brick, his back gave out and Patrick dropped the brick onto his foot. Patrick was taken to hospital and he was told that he had sustained a serious back injury and has a broken toe which needed to be operated on.
He will be out of work for at least 6-months but in any event, will never be able to return to work as a labourer. He will also require a cleaner to visit his home twice a week for at least a year as he is unable to mobilise for some time and thereafter will not be able to carry out the heavy aspects of the housework as he used to.
As Patrick’s employer did not comply with occupational safety by failing to provide proper training, failing to provide protective equipment and exposing Patrick to unsafe work activity when he should have known that the work he was asking Patrick to do should be carried out by one or more employees and/or through use of equipment, he is liable for the workplace injury sustained by Patrick.
Patrick is entitled to make a workers compensation claim for weekly benefits, medical expenses, and domestic assistance. Patrick is also entitled to lump-sum compensation as long as he satisfies the requirements for this component (which are discussed below).
In a nutshell...
Workers Compensation is available to any worker who is injured as a result of a workplace accident and the conditions of their employment. Each person is affected differently by their injury so speak to one of our Lawyers today about which of the following types of compensation you are entitled to claim:
Weekly benefits
Medical expenses
Domestic assistance
Compensation for property damage
Lump-sum compensation
Compensation for pain and suffering
The Workers Compensation Claim Process
As with other personal injury claims, your entitlement to make a claim for workers compensation arises from the fault or negligence of others, in this instance, your employer. If you have sustained work-related injuries as a result of the nature and conditions of your employment and/or a workplace accident, you may be entitled to recover one or more of the following components of workers compensation (also known as heads of damages):
1. Weekly benefits
2. Medical expenses
3. Domestic assistance
4. Compensation for property damage
5. Lump-sum compensation
6. Compensation for pain and suffering
There are also entitlements for the direct family of a victim of a fatal accident in the workplace. If you have lost a loved one who was involved in a work-related accident which has resulted in a fatality, speak to one of our lawyers today about your entitlements under workers compensation and/or personal injury law.
The Independent Review Board (IRO) previously known as Workers Independent Review Board (WIRO), cover legal fees and disbursements incurred by a Lawyer in Workers Compensation Claims however only if they are an ‘Approved Lawyer’ by IRO. At Jameson Law, our Lawyers are approved by IRO and we have made it our policy that we charge our client’s nothing for the work we do on their workers compensation claim and nothing for our disbursements. This means we run your workers compensation claim from start to end and YOU PAY NOTHING. There is no catch and no disclaimers!
The Workers Compensation Act is NSW legislation meaning that the laws of other states such as Queensland, Victoria and Western Australia are different (State Government Law).
What is a Workers Compensation Claim?
Simply put, workers compensation is what you are entitled to receive to compensate your for workplace injuries your sustain as a result of an act or omission (failure to act) by your employer, co-workers and or agents. This may include failure to conduct risk assessments, failure to comply with work health and safety requirements, unsafe working conditions, failure to ensure workplace safety, failure to provide protective equipment, failure to provide safety training, failure to maintain safe work environment, exposing you to unsafe work activity and the list goes on…
Basically, your employer has a duty to ensure your well being in a safe workplace. Any breach of this obligation by your employer towards you may expose them to a workers compensation claim.
However, as with any other personal injury claim, there is a second component that must be satisfied to entitle you to make a workers compensation claim – and that is damages. This means that in order to make a claim, you must have suffered an injury which has resulted in a loss. This loss could simply be that you require treatment which will expose you to an expense or you require time off work and therefore you will incur wage loss.
In a nutshell...
Your injury does not have to be sustained in a one-off workplace accident for you to be entitled to claim workers compensation. You are equally entitled to make a claim if your work conditions or nature of your employment has over time, resulting in an injury.
What if my injury happened over time?
Many of us are aware that if you are injured in a work-related accident, you are entitled to workers compensation. However, what is not commonly known is that an injury that accumulates over time as a result of working conditions or ongoing occurrences can also entitle you to a workers compensation claim. This may be an injury to your mental health, ie depression or anxiety or physical in nature.
Safe work Australia is the regulator for work health and safety. It covers the requirement for both physical and psychological well being in any given workplace.
Claims that are made regarding a workplace injury that occurred over time is known as a nature and conditions claim. Examples of such psychological claims include bullying, sexual harassment, verbal assault all of which have been reported to management and or documented previously however no action was taken to rectify the situation and this has now resulted in an approved psychiatric condition such as depression, anxiety, post-traumatic stress disorder etc.
Claims that relate to physical injuries sustained as a result of the nature and conditions of a work environment include repetitive heavy lifting without provision of proper equipment (this may be a failure to implement a safe methodology to complete tasks), long work hours without safety / ergonomic equipment, such as ergonomic office chairs and constant exposure to loud machinery without provision of safety equipment such as earplugs.
If you are unsure whether you are entitled to claim compensation for an injury that you have sustained over time, speak to us today about your work-related injuries for free advice.
In a nutshell...
If you are assessed with a whole person impairment of greater than 10% as a result of a work-related injury or a serious injury sustained in workplace accident, you are entitled to claim a lump sum payment which will be calculated in accordance with the workers compensation benefits guidelines. Speak to Sydney’s best compensation lawyers about your claim today.
What is Lump Sum Compensation?
Lump sum Compensation refers to a non-economic loss that you may be entitled to claim as part of your workers compensation claim; that is your entitlement to compensation simply because you have sustained injury. This type of compensation is not designed to compensate you for your injury because as we all know, you can not put a price on your health, however, it is more a means of compensation for your loss.
In order to qualify for this component, you are required to undergo an independent medical examination (IME) by a medico-legal doctor to determine whether your whole person impairment exceeds 10%. If your degree of permanent impairment is assessed at 11% or greater, you will be entitled to a lump sum payment which is set out in the guidelines. Each percentage equates to a sum of money, the minimum of which being $15,400 (11%) and the greatest being $220,000 (75% or over).
This type of claim is made under section 66 of the Workers Compensation Act. The insurer is entitled to have you assessed separately before making a decision on your entitlement. If the insurer disputes that your degree of impairment is greater than 10%, your claim will be referred to the workers compensation commission for a determination to be made by an approved medical specialist (AMS) whose decision is binding.
One thing worth noting is that workers compensation relates only to one part of the potential claims you may be entitled to make if you are involved in a work-related accident. If your condition is assessed at 15% whole person impairment or greater, arising from your workplace injuries, you may be entitled to make a claim for work injury damages. This is a common law claim for compensation relating to you future loss of income of earning capacity if you are found to have reduced or no work capacity. If you think this may apply to you, speak to us about your condition. A Jameson Law, we will advise you whether you are entitled to this claim when we assessed your workers compensation claim.
Note: Due to the recent restrictions as a result of the coronavirus (COVID), medical examinations we cancelled or postponed and therefore claims have unfortunately been delayed. Noting that restrictions have now eased, assessments have been reinstated however there is a minor backlog in medical appointments. All personal injury claims require medical examinations and therefore coronavirus (COVID-19) has had some impact on the time frame of a claim. HOWEVER, do not delay in lodging your claim if you have been involved in a workplace accident as there is a time limit within which to lodge your workers compensation claim. There is also a strict 3-year limitation period within which to initiate Court proceedings.
In a nutshell...
If you are assessed with a whole person impairment of greater than 10% as a result of a work-related injury or a serious injury sustained in workplace accident, you are entitled to claim a lump sum payment which will be calculated in accordance with the workers compensation benefits guidelines. Speak to Sydney’s best compensation lawyers about your claim today.
What if the insurer disputer my claim?
The Workers Compensation Commission is responsible for resolving disputed between the worker (referred to as the applicant) and the respondent (being the employer/its workers compensation insurer).
The types of disputes that may arise in a claim are as follows:
1. Weekly benefits where liability in dispute
2. Weekly benefits where work capacity decision in the dispute
3. Medical expenses
4. Domestic assistance
5. Compensation for property damage
6. Lump-sum compensation where liability in dispute
7. Lump-sum compensation where the degree of permanent impairment in dispute
8. Compensation for pain and suffering
What is the process of a workers compensation claim?
Involvement Check
Were you involved in a work-related accident? You sustained an injury at work through no fault of your own.
Lodgement
Lodge Workers Compensation Claim Form with your employer.
Establish Liability
Establish whether and how your employer is liable for your work-related injuries, for example, failure to provide safety training, failure to provide a safe work environment, failure to provide safety training, failure to provide safe working conditions, protective equipment etc.
Medical Record Check
Obtain Medical Records and Doctor opinion about your condition.
Claim Type
Establish what type(s) of claim(s) to pursue, ie weekly benefits, medical treatment expenses, lump sum etc.
Medical Assessment
Undergo Independent Medical Examination and serve documents on the insurer. Wait for a response whether the insurer agrees accepts your offer.
Dispute Resolution
In the event the insurer disputes your offer, lodge application to resolve a dispute (ARD) with the workers compensation commission and obtain an independent assessment for that type of claim. This determination is binding.
Work Injury Damages
If you have been assessed at 15% or greater degree of permanent impairment, you must proceed to work injury damages.
I am an employer. How do I defend a worker’s
If you are an employer, such as a small business, you know that your employees are one of your greatest assets. When things go wrong and a worker suffers a serious injury in the course of their work however, this is also one of the major risks faced by businesses in Australia. Employees who have a personal injury claim for a serious injury (including psychological injuries) that was incurred while working, may be entitled to make a worker’s compensation claim against their employer, which owes employees a duty of care to provide a safe workplace free of hazards.
Compensation for workplace injuries occurring in NSW for example, can be sought by employees for the following:
1. Compensation for any wages lost as a result of the workplace injury;
2. Medical treatment costs, including rehabilitation and hospital costs;
3. Any assistance required for the employee’s return to work; and
4. In some instances, compensation for non-economic loss.
Generally, as an employer you will have access to cover through some form of insurance policy held through an insurance company. Such an insurance policy will generally indemnify an employer for the lump sum payment made in respect of a worker’s compensation claim. This includes those employed by private enterprises (who should always have insurances in place which deal with potential worker’s compensation claims relevant to the business), and government agencies.
The insurance claims process, and how insurance claims interact with any formal compensation claim made by an employee, can be a complex system to navigate. It is critical that you obtain high quality legal advice so that you can successfully defend a worker’s compensation claim where it is unfounded, and comply with your own obligations as an employer in properly handling what may be a sensitive claim regarding a serious injury. Failing to handle such a claim can result not only in financial damage to your business, but detrimental and ongoing reputational damage.
One such way of minimising damage to your business is through the defence of “contributory negligence”, which is available in all common law claims (and statutory negligence claims) in which an injured person can be shown to have also contributed to the personal injury or impairment they have suffered. Similarly, if a claimant’s medical records indicate an underlying or pre-existing personal injury which you were not aware of, this may limit the amount of compensation available.
In addition to worker’s compensation claims, employers should be wary to insure against any actions made by their employees which might attract “vicarious liability”. For a free consultation to ensure your business is protected from these claims, reach out to our expert legal team today.
Speak to a lawyer today
If you are caught with your pants down without workers compensation insurance then we are here to help. A successful worker’s compensation claim against your business can, if handled incorrectly, result in financial and reputational damage to your business. If you need help defending a compensation claim following a workplace injury, or about how to protect your business from accident claims from injured employees, contact our legal practice for a free, honest and confidential consultation about our legal services today.
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What our Clients Say
Jack Finch17/10/2023 Was a pleasure working with this firm, our Lawyer Gabriel was amazing, very polite and very professional. Our lawyer ensured that we had all the documents we needed and more to guarantee us our sponsorship. No kickbacks, no second attempts. All granted on first attempt (I know someone who went with a different firm and got rejected twice for sponsorship). All-in-all, Visa applications can be stressful and strict, I would highly recommend getting a lawyer and if you do, make sure it's a good one such as these or your gonna have a tough year ahead. Betty George26/09/2023 Have found Gabriel at Jameson law, very friendly and approachable and efficient and helpful, what you need in the law firm - not intimidating. Got my issue sorted & got a good result, will definitely recommend Gabriel & her colleagues - like Sali who are extremely helpful as well, lovely Office & lovely people. Kathleen noor mubeena21/09/2023 My sincere thanks to Gabriel Mackenzie @ jameson law for the guidance, support and assistance with visa processing. I'm really so grateful and thankful for her efforts for making this to get happened. Kashish Talwar14/09/2023 My sincere thanks to Wissam Philopos. Wissam is a great lawyer and a very kind human being. He is very knowledgeable, super professional, a great lawyer and has guided me in every aspect of my case. I was so frightened and confused earlier but he and Jameson law as a firm has helped me a lot. Best thing is they understand problem of a person and helps to their best. I highly recommend taking advice from Jameson law and. Thank you Wissam. Punit Mathur11/09/2023 I received professional and correct advice by Gabriel on my Citizenship and Permanent Resident Return Visa application. Gabriel's advice has helped me take steps in the right direction which resulted in my Return Visa 155 being processed. I shortlisted Jameson Law after researching other Law firms and I am happy I made the right decision. Thanks Gabriel. Christian Targett07/09/2023 I highly recommend Jameson Law. Wissam was fantastic from day 1. My well-being was a high priority for Wissam. Very easy to deal with and very transparent. My experience with all staff at Jameson law was friendly and professional. Highly recommend giving these guys a call and see how they can help you too. Joel Delaney06/09/2023 I sought the assistance of Jameson Law after a mobile phone camera traffic offence. Wissam was my solicitor, and I cannot speak highly enough of the service provided. Wissam was always honest and forthcoming, he was understanding of the circumstances and remained positive at all times that we would be able to work towards a positive outcome. He was absolutely clear and concise with the advice he provided and prepared as best possible for court proceedings. I’d like to mention additionally that due to staffing Wissam managed to accomplish all this with an increased caseload, and never utilised that as an excuse, nor did he have any reason to for how tirelessly he worked in order to provide me the best defence possible. At the end thanks to Wissam and the collective team at Jameson Law I received the absolute best outcome possible. Thank you Wissam and Jameson Law Tony Thai05/09/2023 Wissam proved to be an exceptional lawyer. With such short notice he was able to help my traffic case and get a reduced disqualification. Jessica Hanna05/09/2023 A big thank you to Gabriel Mackenzie @Jameson Law for her help, guidance and support with the process of getting my Visa. She was so patient while I gathered the relevant documents and still managed to secure me my visa promptly. I’m so grateful for her efforts, and I’m so happy with the results! Thank you again Gabriel!
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FAQs
Frequently Asked Questions.
According to Safework Australia, the average workers comp settlement in Australia is $11,500. It is unfortunate that in many cases, insurers and self-insured employers often do not consider the permanent and ongoing damages that will be suffered by the employee, and therefore do not consider it in their compensation amount. Do not get caught out having to pay for a surgery or associated expenses in the future due to a workplace injury. Get legal advice and representation. There is really no excuse… under the workers compensation scheme, Jameson Law will process your claim for free and WIRO an independent body will pay for disbursements and our fees. You do not pay anything out of your pocket and of course not a cent out of your settlement monies.
Employees who have an expert personal injury lawyer on their side often get more compensation. Firstly under workers compensation the employee does not pay any legal fees whatsoever. That’s right, WIRO an independent body covers all legal fees and disbursements. This also applies to the settlement monies, where Jameson Law as your representing law firm does not take a cut. Couple this with solid negotiation tactics and a very strong case; and you have yourself a fair and just settlement to cover you for your past, present and your future medical expenses and damages.
There are two basic requirements you need to meet in order to look into workers comp. They are:
- You must be an employee of a company.
- You must have been injured at work or as a result of job-related duties.
All employees are eligible no matter your status, full-time, part-time, casual working, temp, through labour hire etc. Very often volunteers also fit within workers comp.
If you are an independent contractor, freelancer things might be a little more complicated. Touch base with us and we will look into your matter and find an amicable solution.
Anytime that you are working for your employer you are entitled to workers compensation – including work from home arrangements during Covid. If you have a car accident picking up or dropping off supplies for the office, pains and aches due to a lack of ergonomics at your home office, or trip down the stairs at your Christmas party – all of these scenarios may entitle you to workers compensation. Speak to an expert Personal Injury lawyer today.
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- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Sutherland Local Court
- 1300 679 272
- PO Box 37, Sutherland 2232
- local-court-sutherland@justice.nsw.gov.au
- Cnr Flora and Belmont Street, Sutherland NSW 2232
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
- 1300 679 272
- (02) 9722 6060
- PO Box 71 BANKSTOWN NSW 2200
- local-court-bankstown@justice.nsw.gov.au
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
- 1300 679 272
- PO Box 71 BANKSTOWN NSW 2200
- downingcentredc@justice.nsw.gov.au
- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
Telephone Hours: 8:30 – 4:30
Days open: Mon – Fri
Parramatta District Court
- (02) 8688 7777
- local-court-bankstown@justice.nsw.gov.au
- 12 George Street, Parramatta NSW 2150
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
- 1300 679 272
- local-court-penrith@justice.nsw.gov.au
- 64-72 Henry Street, Penrith NSW 2750
Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
- 1300 679 272
- local-court-campbelltown@justice.nsw.gov.au
- Railway Street, Campbelltown NSW 2560
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
- 1300 679 272
- local-court-liverpool@justice.nsw.gov.au
- 150 George Street, Liverpool NSW 2170
Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
- 1300 679 272
- local-court-wollongong@justice.nsw.gov.au
- 97-99 Market Street, Wollongong NSW 2500
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Supreme Courts
Supreme Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM