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Your Guide to a Successful Workers Compensation Claim

Table of Contents

What is workers compensation?

Workers’ compensation is a form of insurance that provides benefits to injured workers’ who have suffered a workplace injury or have developed a medical condition in the course of, or as a result of, their employment.

What is workplace injury?

  1. Work-related injuries might include suffering an injury at work on a specific day or developing a medical condition over a period of time due to the nature of the work performed.
  2. Injuries can be physical or mental
  3. Diseases caused by your work
  4. Pre-existing conditions made worse by your work
  5.  However, dust diseases or injuries sustained whilst travelling to or from work are not workplace injuries

Workplace injury examples:

  • Spinal injuries
  • Back injuries
  • Slipped disc injuries
  • Arm injuries
  • Hand or finger injuries
  • Leg injuries
  • Foot or toe injuries
  • Head or eye injuries
  • Brain Injuries
  • Repetitive strain injuries
  • Construction injuries
  • Farming accidents
  • Industrial accidents
  • Death dependency
  • Cancer conditions
  • Heart attacks
  • Strokes
  • Severe stress
  • Fractures
  • Neck injuries
  • Soft tissue injuries
  • Chemical and asbestos exposure
  • Industrial asthma and other lung conditions
  • Industrial deafness
  • Infectious conditions
  • Psychological conditions.
  • Diseases caused by work
  • Diseases or pre-existing conditions made worse by work
  • Injuries suffered whilst travelling for work
  • Injuries suffered while receiving medical treatment for a separate work injury

What conditions must be satisfied for making a workers compensation claim?

1. The worker must be an employee. An employee can be:

  • a. A full-time worker
  • b. A part-time worker
  • c. A casual worker
  • d. Self-employed worker
  • e. A volunteer
  • f. A trainee, apprentice or work experience student

2. The worker must have a medical condition that has been diagnosed by a medical practitioner

3. This medical condition must have arisen due to the course of the worker’s employment, where the employment was a substantial cause of the condition

4. The worker has suffered a financial loss

What is covered in workers compensation payout?

The following table summarises the weekly workers compensation payments in NSW you may be eligible to claim for injuries that have occurred after 21 October 2019:

Entitlement PeriodEntitlement
Weeks 0-13Up to 95% of pre-accident earnings
Weeks 14-130 (no work capacity)Up to 80% of pre-accident earnings
Weeks 14-130 (some work capacity)Up to 80% of pre-accident earnings (payments increase to 95% if working 15 hours per week and earning at least $200 per week)
Weeks 131-260 (no work capacity)Up to 80% if no work capacity is likely to continue indefinitely
Weeks 131-260 (some work capacity)Weekly benefits stop for most, some exceptions apply
After 5 yearsWeekly payments only available to people with WPI (Whole Person Impairment) >20%

How long can you claim workers compensation?

You can generally claim workers compensation for up to 5 years. However, if your permanent impairment is greater than 20% and you have been assessed as being unable to work indefinitely, then this five-year limit no longer applies.

Generally, your weekly workers compensation payments will continue when:

  1. You’re able to return to work
  2. You reach a work injury damages settlement
  3. You’ve been receiving payments for five years (unless your permanent impairment is greater than 20% and you have been assessed as being unable to work indefinitely)
  4. You reach the maximum total weekly compensation limit
  5. You reach retirement age plus one year

Workers with greater than 20% permanent impairment may be entitled to weekly payments beyond this five-year cap, and are entitled to medical treatment, service or assistance for life.

What should you do if you had a workplace injury?

  1. Inform your employer immediately after you are injured at work
  2. Seek medical treatment with your doctor and request a certificate of capacity. You’ll need medical evidence to prove your injury is work related.
  3. Contact Jameson Law to obtain legal advice as soon as possible after you are injured as strict limits apply
  4. Complete a workers compensation claim form through:
  5. Submit your completed claim form to your employer and their insurer

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Sporting Injuries Legal Recourse in Australia

Introduction In Australia, our love for sport and adventure often leads us to the thrill of competition and outdoor pursuits. Playing sports is more than just a hobby for Australians, it’s part of our culture. However, this enthusiasm comes with an obvious risk – injuries can have serious consequences. Many find themselves wondering: Can I be compensated for my injuries sustained during sport? This article delves into the legal recourse available in Australia for those sidelined by injury. We’ll explore the options, challenges, and the role of legal professionals in advocating for compensation. A Government report published in 2020 showed that almost 60,000 people were hospitalised because of sports injuries in 2016-2017 – with 1 in 10 of those being life-threatening. Understanding whether or not you can claim compensation is an important part of understanding your rights. Join us as we navigate the complexities of seeking justice in the aftermath of sporting mishaps, providing clarity and guidance for those facing the physical and financial burdens of injury. Trust Jameso Law to be your guide through any trying sports injuries that you may be facing. Inherent Risk and Engaging in a Dangerous Recreational Activity Sporting law can be a difficult thing to initially wrap your head around. This is because personal injury claims are quite difficult to make. This is because when you participate in a sporting event, there is an inherent risk that something might happen to you. In Australia, legislation recognizes the concept of ‘inherent risk’ as a crucial factor in determining liability for a sporting injury. This legal framework significantly impacts the ability to pursue legal recourse for sports injuries. Voluntary Assumption of Risk: Participating in activities like cricket involves inherent dangers, including the potential for serious injury or even death from a rock-hard ball. Likewise, if you are playing Rugby, a legal rugby tackle might lead to someone becoming injured playing sport. These are just some examples of the risks of engaging in a sporting activity that has risks. Under Australian law, individuals who voluntarily engage in activities with obvious risks are deemed to accept those risks simply. This means that by participating in a contact sport like cricket, individuals acknowledge and assume the inherent dangers associated with it. Proactive Duty to Warn: In many cases, there’s no proactive duty to warn participants of obvious risks unless specifically requested or legally mandated. An obvious risk would be apparent to a reasonable person in similar circumstances, even if the probability of occurrence is low. Therefore, individuals engaging in sports and recreational activities are expected to be aware of and accept the inherent risks involved. Exemption from Liability for Inherent Risks: Liability for negligence is not attributed to injuries resulting from the materialization of inherent risks associated with the activity. These inherent risks are those that cannot be avoided by exercising reasonable care and skill. Similarly, liability is not assigned for harm arising from the materialization of obvious risks in dangerous recreational activities, which involve a significant risk of physical harm. Impact on Legal Recourse: The recognition of inherent risks in sporting activities serves as a barrier to pursuing legal recourse for sports injuries. Individuals who voluntarily participate in such activities are presumed to have accepted the risks involved, limiting their ability to hold others liable for injuries sustained during play. In essence, understanding and accepting inherent risks is an integral part of engaging in sports and recreational activities in Australia, and it significantly influences the legal landscape concerning liability for injuries. Public Liability Claim if You Are Injured If you’re a professional athlete and you get injured while in New South Wales, there are avenues for claiming compensation under certain circumstances. Even though athletes often face inherent risks in their sport, there are provisions in place that may entitle you to compensation if you’re injured during official activities or training. Under the Workers Compensation Act 1987 (NSW), if you can prove you have an employer-employee relationship and your injury occurred during your work-related activities, you may be entitled to compensation. This could apply if you were participating in an authorized activity of your organization, training for such participation, or even on a journey related to your participation. However, proving your relationship with your employer and the work-related nature of your injury can be complex. It’s crucial to consult with a qualified personal injury specialist to determine if you meet the criteria as defined in the 1998 Act. Moreover, if your employment was a substantial contributing factor to your injury, you may still be eligible for compensation under section 9A of the 1987 Act. This could extend to situations where you’re temporarily away from your workplace during a recess, such as during lunch breaks or gym sessions subsidized by your employer. It’s important to note that these provisions may not apply if you’re a registered participant of a sporting organization under the Sporting Injuries Insurance Act 1978. In such cases, other avenues for compensation may need to be explored, possibly including public liability claims. These claims seek compensation from individuals or entities whose negligence caused your injury, irrespective of your employment status. Consulting with legal experts familiar with sports injury laws can help navigate the complexities and determine the best course of action for seeking compensation. As some of the best personal injury lawyers in NSW, Jameson Law can help you pursue Justice today. We are highly experienced and motivated to fight for your rights. Remember, we are in it to win it! Duty of Care during Sport In Australia, the concept of duty of care plays a significant role in the context of sports-related injuries and the ability to seek legal recourse. Duty of care refers to the legal obligation one party has to ensure the safety and well-being of another party. In sports, this duty of care extends to various individuals and organizations involved, including competitors, spectators, coaches, event organizers, and even schools. In an article written by the Australian Law Commission, several duties of care relating to sport were

Slip and fall accidents legal advice

A Slip and fall accident can be more than just a minor inconvenience; they can have lasting repercussions on your health and well-being. From fractures and sprains to severe head injuries, the spectrum of potential harm is wide-ranging. While some individuals may recover fully within weeks, others may face prolonged rehabilitation periods extending months or even years. In the most severe cases, the injuries sustained may leave permanent disabilities, altering the course of one’s life indefinitely. When you find yourself injured due to a slip and fall incident, it’s crucial to understand your rights and entitlements under Australian law. Pursuing a slip and fall claim involves navigating a maze of legal procedures and requirements, which can often seem daunting without the right guidance. At Jameson Law, our dedicated team is committed to demystifying this process for you, ensuring that you’re equipped with the knowledge and support needed to pursue your claim effectively. Where can Slip and Fall Accidents Occur? A Slip and fall accident leading to public liability claims can occur in various places across Australia. According to SafeWork Australia, These include: Supermarkets and shopping centres, where hazards like spilled liquids or poorly placed merchandise can lead to accidents. Public footpaths or car parks, where cracked pavement, potholes, or inadequate lighting increase the risk of trips and falls. Rental properties, where examples may include broken stairs, faulty handrails, or unmaintained pathways. Schools, daycare centres, or sports facilities, where slippery gym floors, playground equipment defects, or uneven playing surfaces pose dangers. Theme parks or entertainment venues, where malfunctioning rides, slippery walkways, or poorly secured attractions can result in slip and fall injuries. Being aware of these potential hazards is crucial to preventing accidents. If you’ve been injured in any of these locations, seeking legal assistance can help you navigate the claims process and pursue the compensation you’re entitled to. Contact Jameson Law today if you are looking to file a public liability claim today. Understanding What You Can Claim for There are a variety of factors that you c Seeking Damages After a Slip and Fall Incident: Medical Expenses: Compensation for all medical expenses, including hospital bills, doctor’s visits, medications, physical therapy, and rehabilitation costs. Lost Earnings: Damages for income lost due to inability to work during recovery, as well as future earnings impacted by long-term disability or reduced earning capacity. Pain and Suffering: Compensation for physical pain and emotional distress caused by the accident, including discomfort, inconvenience, anxiety, and mental anguish. Loss of Enjoyment of Life: Damages for diminished quality of life, including inability to participate in activities and hobbies due to injuries. Permanent Disability or Disfigurement: Compensation for long-term impact on life, such as loss of mobility, scarring, or disfigurement. Other Expenses: Reimbursement for out-of-pocket costs like transportation for medical appointments, home modifications, or assistance with daily activities. Seeking damages in these categories allows for full Establishing a Duty of Care In Australia, the duty of care in slip and fall cases refers to the legal obligation that property owners or occupiers have to ensure the safety of visitors on their premises. This means taking reasonable steps to prevent foreseeable risks of harm. Establishing that someone or an organisation owed you a duty of care is the first step in filing a successful fall compensation claim. For example, a supermarket must regularly inspect and maintain its floors to prevent hazards like spills or uneven surfaces. If they fail to do so and someone slips and falls, they may be held liable for breaching their duty of care. Similarly, landlords must maintain rental properties in a safe condition, including fixing broken stairs or uneven pathways. Overall, the duty of care is about ensuring that premises are reasonably safe for those who enter them, whether they’re customers, tenants, or other visitors. Seek legal advice today from Jameson Law for your best chance of filing a successful public liability claim! Maximum Slip and Fall Compensation Claims The maximum payout that you are entitled to very much depends on the factors influencing your payout for a slip and fall claim depending on various aspects of your case. Firstly, the severity of your injuries plays a crucial role, as compensation typically includes pain and suffering, loss of amenities, and future medical expenses. Secondly, financial losses, such as past and future earnings, superannuation payments, and out-of-pocket expenses, contribute to determining the compensation amount. Additionally, the need for ongoing care and assistance, both past and future, influences the payout. Moreover, if negligence is established, you may also be entitled to interest on out-of-pocket expenses and lost income. Lastly, in some instances, eligibility for workers’ compensation benefits, covering lost wages and medical expenses, factors into the overall payout. 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By entrusting your case to Jameson Law, you can rest assured that you’ll receive personalized attention and expert guidance every step of the way. From gathering evidence to negotiating with insurance companies, we’ll work diligently to achieve the best possible outcome for you. Contacting a great slip and fall lawyer, like those at Jameson Law, can make all the difference in ensuring that you get the fall compensation that you deserve. Remember, we are in it to win it! Steps of a slip and fall claim Filing a slip and fall claim can be a rather long process. Here we will break down the steps of a slip and fall claim and what you need to break down what you need to be aware of at every

Psychological Injuries at Work Claims Process

Understanding psychological injuries can be confusing. In this article, we explore the intricate landscape of psychological injuries in the workplace and the corresponding claims process in New South Wales. Covering essential topics such as eligibility criteria, legislative frameworks, claims procedures, and potential compensation amounts, readers will gain invaluable insights into navigating psychological injury claims effectively. What is a psychological injury? A psychological injury, or mental injury, encompasses various cognitive, emotional, and behavioural symptoms that disrupt a worker’s life, profoundly influencing their feelings, thoughts, behaviours, and interactions with others. Conditions like depression, anxiety, and post-traumatic stress disorder fall under this category. While job stress often triggers physical and emotional symptoms in response to work environments, it doesn’t qualify as a disorder or psychological injury on its own. 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Concerns for Employers Mental health conditions among employees, including psychological injuries from employment, are major concerns for employers across Australia. This is not only because of the adverse effects of mental illness on employees but also due to the substantial costs incurred by businesses through employee absences, compensation payouts, and increased insurance premiums resulting from workplace injuries. Statistics and Trends According to Safe Work Australia, approximately 7,200 Australians receive compensation for work-related mental health conditions annually, constituting about 6% of all the times that individuals try to claim workers compensation. nationally. These claims amount to approximately $543 million in workers’ compensation payments each year. The majority of claimants for psychological injuries are women (58%), with 42% being men. Additionally, 60% of claims awarded are to individuals aged 40 and over. Primary causes of serious mental health condition claims, resulting in one or more weeks off work, include work pressure (21%), work-related harassment or bullying (20%), and exposure to workplace or occupational violence (10%). Call for Reform ICARE NSW has highlighted that instances of psychological injury are increasing exponentially, indicating the need for reform. This issue has been underscored in a recent submission by the ALA to the NSW Legislative Council Standing Committee on Law and Justice, signalling the urgency for comprehensive measures to address and mitigate the incidence and impact of psychological workplace injuries in NSW. Workers Compensation Act In New South Wales (NSW), the Workplace Injury Management and Workers Compensation Act 1998, along with the Workers Compensation Act 1987, are the primary legislative frameworks governing psychological injury. These laws establish procedures for reporting, assessing, and compensating for such injuries, ensuring affected workers receive support and rehabilitation. It’s important to note that workers’ compensation legislation, including provisions for psychological injury, varies across Australian states. Each state has its laws tailored to its workforce’s needs. Thus, understanding the specific legislation in NSW is crucial for employers and employees navigating psychological injuries in the workplace. Important Exclusions to the Workers Compensation Act According to the Act, certain circumstances are not covered under workers’ compensation for psychiatric or psychological disorders. These include: Reasonable Management Action: If your boss gives you feedback on your work performance fairly and reasonably, and you develop stress or anxiety as a result, that stress or anxiety may not be covered under workers’ compensation. Worker’s Expectation or Perception: Let’s say you believe your employer is going to demote you, even though they haven’t mentioned anything about it. If this expectation causes you anxiety or depression, those mental health issues might not be covered by workers’ compensation. Action by Authority or Insurer: If you’re going through the process of applying for workers’ compensation and you find it stressful or upsetting, any resulting mental health issues you experience during the application process might not be covered by workers’ compensation. The Claims Process To successfully claim for a psychological injury, you must first get a diagnosis, report it to your employer, and file a workers’ compensation claim. If approved, you’ll receive weekly benefits covering lost wages and payments for medical expenses. The second step involves making separate claims for lump sum compensation, including permanent impairment and a common law claim. For this, assistance from workers compensation lawyers – like those at Jameson Law is essential. Step 1: Proving Your Diagnosis Proving your diagnosis for a psychological injury is crucial in the first step of making a successful psychological injury claim. This typically involves obtaining a professional diagnosis from a qualified mental health practitioner, such as a psychologist or psychiatrist. Documentation of your diagnosis, often in the form of medical reports or assessments, serves as evidence to support your claim. Further, seeking medical treatment can be a way to show the impact of a psychological injury. For example, if you’ve been diagnosed with post-traumatic stress disorder (PTSD) following a workplace incident, your psychologist’s report detailing your symptoms and their impact on your ability to work can strengthen your case. Once diagnosed, it’s important to report your condition to your employer promptly and accurately. This involves notifying them of your psychological injury and submitting a workers’ compensation claim. Providing detailed information about how your injury occurred, its impact on your work performance, and any relevant medical documentation can help streamline the claims process and increase the likelihood of a successful outcome. Step 2: Initiating the Claims Process To initiate the claim process for a psychological injury, the second step involves notifying your employer and completing the necessary paperwork. Upon notifying your employer about


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