Workers Compensation Lawyers Newcastle

Ready To Make a Workers Compensation Claim? Our Newcastle Lawyers Can Help.

Our specialist personal injury team will provide you with the advice and support required to make and understand a workers compensation claim.

We have the experience and expertise to assist you and ensure that you are receiving all the compensation that you are entitled to.

Dealing With a Work-Related Injury or Illness & Need Someone on Your Side?

You may be entitled to compensation if you have been injured or contracted an illness at work. It is important that you are aware of your rights and entitlements under the NSW workers compensation legislation.

That’s why we are here: to ensure that you know what your rights and entitlements are, and that they are upheld during the claims process. You should always get independent legal advice, as your workers compensation insurer will not provide this service and may not advise you of all of your rights and entitlements.

At The Law Office of Conrad Curry, our workers compensation lawyers listen, care, and will strive to get you the outcome you deserve. We have the knowledge and experience to help you through your claim.

Workers Compensation Matters We Can Help With

Work Injury & Illness Claims

Assistance with lodging and managing claims for work-related injuries and illnesses, including stress and psychological conditions.

Permanent Impairment Claims

Expert guidance in claiming lump sum compensation for permanent injuries or illnesses, including stress and psychological injuries.

Common Law Claims

Pursue additional damages through common law claims for serious injury, illness, or psychological harm due to employer negligence.

No Win, No Fee Legal Representation

Access to legal services on a no-win, no-fee basis to reduce upfront financial risk during your claims process.

Medical & Psychological Expenses Coverage

Support in claiming compensation for medical treatment and psychological care, including rehabilitation costs and therapy.

Weekly Payments Assistance

Help securing weekly payments for lost income due to workplace accidents, illness, or psychological conditions.

Pre-existing Injury & Illness Claims

Specialised services for workers with pre-existing injuries or illnesses aggravated by work, ensuring fair compensation.

Am I eligible to make a workers compensation claim?

Employers in NSW are required to have workers compensation insurance. In NSW, full-time, part-time, and casual workers, who suffer an injury at work, including psychological injuries, are entitled to make a claim for workers compensation. If you have a pre-existing condition that becomes aggravated by work, you may also be eligible for compensation.

If you make a claim for workers compensation, your claim will be handled by a case manager who is employed by the insurer. It is normal for case managers to change throughout a workers compensation claim.

The case manager will be the contact person for your claim and they will be responsible for assisting you with all aspects of your claim management.

The current NSW Workers compensation scheme aims at getting you back to work as soon as possible. Unfortunately, insurers can, at times, be relentless in insisting that you go back to work, sometimes too soon. Our workers compensation lawyers can assist you through this challenging time.

What are my obligations?

If you get injured at work, even if you consider that it may not be a serious injury, you should notify your employer as soon as possible. It is often seen to be the Australian way to persevere and work through an injury. However, if you continue to work and you do not report your injury, this may have serious negative effects on your rights and entitlements if your injury were to deteriorate in the future. While there is no ‘right way’ to notify your employer, we recommend that you notify your employer in writing.

Do not resign or accept a redundancy without seeking legal advice. We know how stressful the situation can be, but ceasing your employment voluntarily could negatively affect your claim.

If you can work, ensure that you make reasonable efforts to return to work and cooperate with reasonable return-to-work programs. This includes meeting with the insurer and your GP (and sometimes your employer) to develop a return-to-work plan. If you feel that your GP is being pressured by the insurer, request to speak with your GP alone and explain your concerns – you and your GP determine when you’re ready to return to work.

Contact Tom Hunter-Leahy or Lachlan Apps today for an obligation-free call to discuss your potential Workers Compensation claim.

Not sure where to start?

We're here to help.

Call us at 1300 808 933 or complete the form above and one of our team members will contact you soon.

1. Obligation-Free Call

Book your obligation-free call to discuss the workers’ compensation scheme, your general entitlements, and get an overview of your claim potential.

2. Claim Guidance & Assessment

We’ll take the time to understand your situation and offer tailored advice on the workers’ compensation process, including an initial assessment of your claim’s viability.

3. Supporting Your Next Steps

With clear guidance on your rights and entitlements, you’ll be equipped with the information needed to make informed decisions about your workers’ compensation journey.

Download Our White Paper

Know your options when it comes to workers compensation claims. Download our information booklet to learn more about the process.

What People Say

Without Conrad and his team on my side throughout this, I would never have proceeded, and I am sure we would not have received the outcome we did. Conrad has a depth of compassion and understanding…

Meet Our People

We bring a combination of experience, knowledge and expert perspective to your case for breakthrough results.

Conrad Curry

Director

Tom Hunter-Leahy

Partner | Accredited Specialist – Personal Injury

Lachlan Apps

Solicitor

Ebony Bell

Senior Associate

Frequently Asked Questions

How can a personal injury lawyer help me with a workers compensation claim?

Navigating and understanding a workers compensation claim can be confusing, so we’re here to help with:

Providing you with an explanation of the workers compensation legislation and making sure that you know what your rights and entitlements are;
Submitting an application for legal funding to the Independent Review Office;
Responding to disputes with the insurer.

What is the workers compensation claim process in NSW?

If you are injured at work, you must report your injury to your employer. Your employer is required to notify its workers compensation insurer within 48 hours after becoming aware of a work injury. The insurer will contact you, either directly or through your employer, and obtain any further information that may be required to respond to the claim.

If your claim is accepted, and depending on the severity of your injury, you may receive weekly payments, have your medical expenses covered, and potentially receive lump sum compensation.

Will the insurer help me return to work?

Yes. If you need rehabilitation or other assistance to return to work, the insurer will provide this as long as it is “reasonably necessary”.

If you cannot do your previous duties, but are still able to work, your employer needs to provide you with suitable duties. If suitable responsibilities cannot be provided, in most cases, you remain on weekly payments.

Who is eligible for workers' compensation in NSW?

In NSW, most workers, including full-time, part-time, and casual employees, are eligible for workers compensation. Police, Paramedics, Fire Fighters, and Coal Miners, are classed as exempt workers and have tailored compensation schemes.

Workers who are employed by the Commonwealth are covered by Comcare, which provides workers’ compensation for federal employees. Seacare provides compensation for defined seafarers. Legal advice can help navigate these specific circumstances and ensure you receive the compensation you’re entitled to.

How are weekly payments calculated?

If you are a worker covered by NSW legislation, your weekly payments depend on your injury and the length of time off work. It is calculated as a percentage of your pre-injury average weekly earnings, usually based on an average of the 52 weeks before your injury. If there are fluctuations in your income, they may also look at the highest earning weeks within that timeframe to ensure a fair calculation.

During the first 13 weeks, the amount of your weekly payments are based on whichever is less:

95% of your pre-injury average weekly earnings, minus the value of any deductible amount if you have no capacity for work, or your current weekly earnings if you can work.
The maximum weekly compensation amount minus the value of any deductible amount if you have no capacity for work or any current weekly earnings and any deductible amount if you have work capacity.

A summary of how weekly payments are calculated beyond 13 weeks is available at https://www.sira.nsw.gov.au/claiming-compensation/workers-compensation-claims/weekly-payments

Do I have to pay legal fees?

No. Injured workers who are covered by the NSW workers compensation scheme can apply for a grant of legal assistance funding from the Independent Review Office (“IRO”).

Once your grant is approved, IRO pays your legal fees and disbursements. IRO is not available for exempt workers or those covered by Comcare. Find out more about the role of an IRO.

I think my employer was negligent. Can I sue them?

You may be able to sue your employer if your work injury has been caused, or made worse by, your employers negligence. For example, due to an unsafe system of work, an unsafe workplace, or faulty machinery. This is a modified common law claim for damages, commonly referred to as Work Injury Damages.

In order to have any entitlement to make a claim for Work Injury Damages, you must satisfy the following 3 criteria:

your injury must be caused by your employer’s negligence;
you must have at least 15% permanent impairment; and
You have received all statutory lump sum entitlements for permanent impairment. This must occur before a work injury damages claim can be completed.

What does common law mean in workers compensation?

In New South Wales, common law in workers compensation allows injured workers to seek damages for a work-related injury beyond the statutory benefits provided by the workers’ compensation scheme. A common law claim can be made if the injury is due to negligence by the employer.

Our team can provide legal advice on making such claims, which may result in lump sum compensation for serious injuries such as back injury or neck injuries. Engaging specialist workers compensation lawyers on a No Win No Fee basis can be crucial in securing the maximum compensation for injured workers.

How long can you stay on workers compensation in NSW?

In New South Wales, the duration for receiving weekly payments under the workers compensation scheme depends on the severity of the injury and the certificate of capacity. Typically, injured workers can receive payments for up to 5 years, but if the whole person impairment exceeds 20%, payments can continue until retirement age.

The claims process and ongoing medical treatment play a significant role in determining the compensation period. Workers Compensation Lawyers and Work Injury Lawyers can provide legal advice to ensure that injured workers receive their full compensation entitlements throughout this period.

Our team can provide legal advice to ensure that injured workers receive their full compensation entitlements throughout this period.

Is lump sum compensation available for workers compensation claims?

Yes, lump sum compensation is available for some workers compensation claims in NSW. If an injured worker suffers a permanent impairment from a work-related injury or illness, they may be eligible to claim compensation as a lump sum payment. This compensation is awarded in addition to weekly payments and medical expenses but will only be awarded if the extent of injuries are serious.

Can payments be made in the event of death?

If an eligible worker’s death was the result of a work-related injury, the dependents of the deceased worker may be entitled to compensation.

A dependency claim is a type of workers’ compensation claim made by the dependents of a worker who has died due to a work-related injury or illness. Dependents, such as a spouse, children, or other family members who relied on the worker for financial support, may be entitled to lump sum compensation, weekly payments, and coverage for funeral expenses.

These claims help provide financial support to the family during a difficult time. Legal advice from workers’ compensation lawyers can assist in navigating the claims process.

What are some common types of injuries claimed for on workers compensation?

Common types of injuries claimed on workers compensation include:

Back injuries: Often resulting from heavy lifting or repetitive strain.
Neck injuries: Common in accidents or due to poor ergonomics.
Psychological injuries: Stress, anxiety, or trauma from the workplace.
Repetitive strain injuries: Conditions like carpal tunnel syndrome from repetitive tasks.
Hearing loss: Due to prolonged exposure to loud noises.
Physical injuries: Such as fractures, sprains, and cuts from accidents.

Other types of compensation claims for a work injury include:

Public Liability Claims: For injuries on public property due to negligence.
Motor Vehicle Accident Claims: If injured in a vehicle while working.
Common Law Claims: For additional damages if employer negligence caused the injury.
Income Protection Claims: For ongoing income replacement if unable to work.
Total and Permanent Disability (TPD) claims can also be made for a work injury.

Get in touch with our Newcastle team of Workers Compensation Lawyers today for a free claim check.