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    • Medical Negligence
    • Women’s Health
          • Women’s Health

            We know that there is disparity in women’s health care, treatment, and support. We are committed to improving the lives of women and strongly advocating for their wellbeing.  That is why we take a stand and hold medical professionals accountable when medical care falls short of expected standards by delivering the best outcome in medical negligence claims affecting women.

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    • Hospital Negligence
          • Hospital Negligence

            We understand you may feel let down because you have experienced inadequate or negligent care and treatment in a hospital or medical facility. Your wellbeing is most important to us and we are committed to supporting you with compassion and holding medical professionals accountable for breach of duty and negligent care.

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    • Clinical Support
          • Clinical Support

            Experiencing poor or adverse outcomes from allied health treatment can be distressing and life changing. We are here to support you through your claim and it is our aim to hold allied health professionals accountable for their breach of care by delivering the outcome you deserve to your negligence claims.

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    • I need help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Personal Injury
          • Personal Injury

            If you have been injured because of someone else’s negligence, our specialist team of Personal Injury Lawyers is here to support you with compassion and understanding providing you with the right advice. Our team has substantial experience and expertise in these matters to deliver the outcomes you deserve from your claim.

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    • Work Injury
    • Motor Vehicle Accidents
          • Motor Vehicle Accidents

            We are here to support you and give you the clarity, guidance and the right legal advice if you have been injured in a motor vehicle accident. Our compassionate team of professionals in Personal Injury law have the technical expertise and a wealth of experience to win you the compensation you deserve.

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    • Public Liability
          • Public Liability

            Our specialist team in Personal Injury law is here to support you in accessing proper compensation if you have been injured because of someone else’s negligence. We have cutting edge expertise and experience in public liability claims to deliver the outcome you deserve.

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    • Abuse
          • Institutional Abuse

            We strongly believe that educational institutions must be held accountable when failing to protect children while in their care. If you have experienced institutional physical or sexual abuse, our specialist team in Personal Injury law is here to support you with compassion and offer our technical expertise and experience to deliver the best outcome in your case.

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    • Workers Compensation
          • Workers Compensation

            When you sustain an injury or illness because of work, you may be entitled to  compensation. Our specialist team in Personal Injury Law is here to support you with compassion and understanding with the right advice. We have substantial technical expertise to deliver the best possible outcome from your claim.

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    • School Negligence
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Wills & Estate Planning
          • Wills and Estates

            When we provide advice on estate planning, we believe  in giving advice on options to mitigate the risks of litigation by potentially unhappy family members and protecting your assets from claims. Our legal team is here to support you and address your concerns regarding your estate planning. We have immense experience in these matters, providing you with advice and representation for your unique situation and delivering the best outcomes for your case.

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    • Powers of Attorney
    • Contest A Will
          • Contest A Will

            We have immense experience and specialised knowledge in family provision and wills disputes Where you have not been properly and adequately provided for under a will or where you suspect that the person making the will may not have had capacity or exercised their own free will, you need a lawyer with extensive experience and expertise. Our team of Lawyers will  provide you with advice and representation for your unique situation and deliver the best outcomes for your case.

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    • Probate & Deceased Estates
    • Enduring Guardian
    • Family Provision
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • Other Services Overview
          • Conrad Curry Can assist you with a variety of services

            Our solicitors are highly experienced in providing you with expert legal advice and will keep you informed every step of the way. It’s good to know that our firm is trusted and effective with a high success rate.

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    • Professional Negligence
          • Professional Negligence

            We rely on professionals in all aspects of our lives to provide us with proper advice on which to make decisions about our financial and legal affairs. When you are let down by poor advice the results can be devastating.  We are here to support you in your claim for compensation with clarity, guidance and the right advice to achieve the outcome you deserve.

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    • Malicious Prosecution
          • Malicious Prosecution

            We believe in standing up for those people who are falsely accused and prosecuted. Our experienced legal team is here to support you with compassion and provide you with clarity, guidance, and the right advice in your claim for compensation.

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    • General Litigation
    • I Need Help
          • Not Sure where to start?

            Hello, I’m Jade. I’m here to help you with a quick discovery call that will help us better understand your legal concerns. This way, I can connect you with the lawyer who is best suited to assist you with your situation.

            Your well-being is important to us, and we’re here to support you every step of the way.

            Call me on 02 4050 0330 or email admin@conradcurrylaw.com.au

    • What to Expect
          • What to expect

            We are your law firm for life. You can count on us for the best legal advice and compassionate support. We understand the challenges you are facing and we want you to know that you don’t have to navigate the often daunting process alone. We are here when you need us. Let us help you find your way forward with our empathetic and efficient approach. Contact us. You can call us on (02) 4050 0330 for a free initial no-obligation consultation or book an appointment online for an in-person consultation or an online video appointment.

  • No Win/No Fee Options

Exempt workers under NSW workers compensation legislation

Who are exempt workers?

Exempt workers refers to types of workers who were not affected by the 2012 and 2015 amendments to the Workers Compensation Acts and includes:

  • Police officers
  • Paramedics
  • Fire fighters
  • Workers injured while working in or around a coal mine

These workers have different rights and entitlements compared to your average NSW worker.

Exempt workers have retained the right, in addition to the rights to weekly payments of compensation, medical expenses and lump sum compensation for permanent impairment, to claim pain and suffering provided their level of impairment exceeds certain levels. A claim for pain and suffering is no longer available to the average NSW worker regardless of their level of impairment.

This article will explain exempt workers entitlements to weekly payments.

Weekly payments

If due to your injury and in accordance with a medical certificate you are totally or partially incapacitated for work, then you are entitled to be paid weekly benefits calculated as:

  • Average weekly earnings (AWE): The average amount received per week during the last 12 months of your employment, including overtime and shift allowance.
  • Current weekly wage rate (CWWR): Where you are employed under an agreement that fixes your weekly rate. If no such agreement exists, the CWWR is calculated to be 80% of your average weekly earnings.

Upon receipt of your claim, the insurer has 21 days to decide whether to accept liability and start making weekly payments or deny liability. Note that an insurer can commence making provisional weekly payments for up to 12 weeks, and payment of medical expenses up to $7,500, extending the time required to determine liability.

When you are unable to work

The first 26 weeks

For workers paid under an award, industrial or enterprise agreement, your weekly wage rate is calculated at 100% of your CWWR not including overtime, shift work, payments for special expenses and penalty rates.

If not employed under the above, your weekly rate is calculated at 80% of your average weekly earnings (AWE) including regular overtime and allowances.

Beyond 26 weeks

Unfortunately for some workers, after 26 weeks their weekly rate drastically reduces to the following:

  • A rate set under Legislation – the current rate until 31 March 2019 is $504.60; or
  • 90% of your average weekly earnings if less than $504.60.

However, if you have a dependent spouse and/or children, additional allowances are paid.

When you are able to return to work

You may be entitled to top-up pay if your income is less than what you earned before the injury. Top-up pay is the difference between your average weekly earnings (AWE) including overtime, shift work and penalty rates and the amount you are now earning. However, the amount of top-up pay cannot exceed the amount you would receive if you were totally incapacitated, that is $504.60 or a lesser amount.

For instance, if your AWE before the injury was $1,200 and now are earning $1,000, you would be entitled to continue receiving $200 known as a top-up payment from the insurer.

During the first 26 weeks, if you are able to return to work, but unable to earn the same amount, you are entitled to be paid:

  • Your AWE minus your actual earnings (see above); OR
  • The weekly amount that you would be paid if totally incapacitated (see when you are unable to work above).

If CWWR is more than the maximum weekly compensation of $2,145.30, until 31 March 2019 the insurer will use that figure to calculate your entitlements.

After 26 weeks, your weekly payments are capped at the statutory rate which until 31 March 2019 is $504.60. The weekly payment amount is calculated as your AWE minus your actual earnings. See the example above.

Partial capacity to work but no suitable employment available

If no suitable work is provided, you are entitled to receive a weekly payment for 52 weeks while you look for alternative employment.

During the first 26 weeks, including any period of total incapacity, you may receive your current weekly wage rate (CWWR).

From 27 weeks to 52 weeks, you may receive, whichever is higher:

  • 80% of your CWWR; or
  • The statutory rate which until 31 March 2019 is $504.60.

After this, if you continue to have capacity for work, you may be entitled to top-up pay.

Your livelihood is important, so if you have been injured at work you should get timely advice from an experienced lawyer about your rights and entitlements. Our friendly team has many years of experience in workers compensation and other personal injury claims.

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