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Home » Labor Law » Get Educated About NSW Worker’s Compensation Claim Process

In NSW, the worker’s comp system offers essential safety net to employees who were injured at their workplace. The threshold to determine that the injury was during and due to employment is complex. For example, the worker got injured traveling from home to work or vice versa is a situation where there is confusion whether compensation is payable or not.

Even though the NSW worker’s comp program is assumed for easy use, it isn’t. It needs special requirements and deadlines that you need to stay familiar with. The best solution is to consult a professional NSW worker’s compensation advocate when you need to make claims.

Law Advice Lawyers are specialists in compensation laws and focus on defending your rights. They ensure that their clients get the deserved compensation. For a complimentary assessment of your case, you can contact them at their offices located in more than 20 cities and towns. You can find out if you are entitled to claim Worker’s compensation program benefits like –

  • Weekly benefits
  • Medical and rehab expenses
  • Lump-sum entitlements for injuries
  • Domestic care and support
  • The difference in wages in case you need to accept a low-paying job because of the injury
  • Family support & funeral expenses

For claim entitlements, the employee needs to follow the claim process and ensure to file before the deadline.

How NSW worker’s comps claim process function?

To file a claim there will be a need for the employer to have a worker’s comp policy. The injured must be an employee and not a contractor. Besides, the injury needs to be associated with the workplace. Worker’s comp is not covered for stress, self-inflicted injuries, injuries while violating company policies, etc.

Both the employer and the employee have to act promptly after the injury occurs or the claim can get denied.

The Employer’s responsibility –

  • Offer the employee proper paperwork and assistance.
  • File claim with the insurer
  • Adhere to state laws associated with reporting work injuries

The Employee’s duties –

  • Notify the employer about the injury including the date, time, how it occurred, and injury type
  • Formally file the worker’s compensation claim
  • Medical report from your doctor

The state regulates the worker’s compensation, so the process can differ a little.

After the claim gets filed, the insurance company will determine the approval or denial. If the insurer denies the worker’s compensation claim, the employee will need legal representation. The process will include the employee, his/her lawyer, doctor, and insurer.

If the claim gets approved, the employee can accept the amount offered or negotiate a lump sum settlement. In the case of claim denials, the employee can request the insurer to review again and even appeal. In any condition, the insurer has to inform the Worker’s Compensation Board about their decision.

If the employer is not insured …..!

Workers’ compensation policy is mandatory, but some ignore it. They may get penalized stiffly for not carrying the proper insurance. In this case, the injured employee can file a claim via the Government. The WorkCover NSW investigates and determines that your injury is associated with work or not.

Worker’s comp cases are challenging and it is wise to get advice from an experienced comp lawyer!

 

 

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