If you are employed by a buiness, or a government department  and have sustained an injury in New South Wales, your injury is likely covered by Workers Compensation (iCare).  Often it is easy to know if you have sustained an injury (hurt back, broken arms, workplace stress). In New South Wales to successfully lodge a workers compensation you must have a diagnosable medical condition (for both psychological injuries or physical).

In New South Wales, the Workers Compensation Act provides financial protection to all workers if they are injured or killed at work or suffer a work-related disease.

The act states that a worker, who has received an injury at work, shall receive compensation from the worker’s employer. If the injury results in the death of a worker, then the worker’s dependents shall be entitled to receive this compensation.

If you are injured at work you will be entitled to receive workers compensation which includes:

• The payment of weekly compensation benefits until you can return to work.
• The payment of your reasonable and necessary medical bills for treatment you require as a consequence of your workplace injury including physiotherapy.
• The payment of any costs associated with your rehabilitation to enable you to return to work including retraining if you are no longer able to continue doing the same work as a result of your workplace injury.
• Lump-sum payments of compensation if you have suffered a permanent impairment of a certain level.
• Lump-sum payments of compensation for pain and suffering if your workplace injuries are assessed at a certain level.

We also regularly assist injured workers in appeals to the President of the Personal Injury Commission, Medical Appeal Panels in the PIC and Judicial Review applications in the Supreme Court of NSW relating to whole person impairment thresholds and other entitlements.

We can also advise you if you have a potential Work Injury Damages claim. This is a type of claim that allows you to sue your employer for negligence if your injury is serious enough to result in a whole person impairment (WPI) of at least 15%. A Work Injury Damages claim can provide you with a lump sum payment for your past and future economic loss, such as loss of income and earning capacity. See our Area of Practice page for more information about Work Injury Damages claims.

In NSW Workers Compensation claims we can apply for ILARS funding, which is a government scheme that may cover your legal costs associated with workers compensation claims. There are certain criteria to be eligible for ILARS funding, contact us to discuss.

Report the injury or illness to your employer promptly: As soon as possible after an incident or when you become aware of your injury or illness, notify your employer. This can be done verbally or in writing.

Seek Medical Attention: If you require medical care, it is best to see a doctor promptly. Your employer may be able to suggest an appropriate doctor or facility, but ultimately it’s your choice which doctor you see.

After you have sought medical attention and you believe your injury is serious, contact us to discuss you claim.

When you have lodged a workers compensation claim, sometimes the Insurer on behalf of iCare will dispute your claim. The Insurer will send you a Section 78 Dispute Notice.

A Section 78 Dispute Notice should state why the Insurer has decided not to pay compensation. The Insurer may have decided that:

• You do not have an injury;
• Your injury does not relate to work;
• That you have recovered from the injury;
• That a medical expense you need is "not reasonably necessary" as a result of the workplace injury;
• That your whole person impairment rating is below a requiste threshold.
• That your psychological injury is not compensable due to particular exclusions (performance management, termination from employment, demotion, etc). This is called a "section 11A defence"

A section 78 Notice can be overturned either by an internal review with the insurer or in the Personal Injury Commission. We regulary advise and appear in this dispute in the Personal Injury Commission

iCare (formerly WorkCover) covers workers in New South Wales that have sustained an injury with an employer insured by iCare. Generally, most workers are covered by iCare in New South Wales. If you are employed on a fulltime, part-time or casual basis you are likely covered by iCare.

Sometime contractors, gig workers or others are covered. It is important to get legal advice about your "worker" status under the iCare scheme that is unique to your circumstances.  Contact one of our lawyers at our Norwest office or Sydney office to discuss your potential workers compensation claim.

If you are injured in NSW but employed by the Commonwealth Government or one of the few employers covered by the Comcare scheme, visit our Comcare page for more information.