UNDERSTANDING PERSONAL INJURY LAWS AND WORKERS COMPENSATION IN THE WORKPLACE
Workplace accidents happen more often than many people realise, and when they do, understanding your rights under personal injury laws is essential. In New South Wales, most workplace injuries are covered under the state’s workers compensation scheme, which is designed to support injured employees during their recovery and get back on their feet.
At Tonkin Drysdale Partners, our personal injury team has extensive experience helping local workers navigate this system with confidence.
What Falls Under Workers Compensation?
Workers compensation covers a broad range of physical and psychological injuries that occur at or because of work. This includes sudden incidents like falls, machinery accidents and lifting injuries as well as longer-term conditions such as repetitive strain injuries, industrial deafness and workplace related mental health conditions like stress or trauma.
Under current personal injury laws, you may be eligible for:
• Weekly payments to replace lost income
• Medical, hospital and rehabilitation costs
• Lump sum payments for permanent impairment
• Vocational retraining and return-to-work assistance
These entitlements are not automatic, you’ll need to follow the correct process to ensure your workers compensation claim is accepted.
What To Do After a Workplace Injury
If you’ve been injured at work, report the incident to your employer as soon as possible. NSW law requires most injuries to be reported within 30 days. You’ll also need a Certificate of Capacity from your GP and to lodge a claim with your employers’ workers compensation insurer within 6 months of the injury or accident.
Acting quickly both protects your health and strengthens your claim. Having a legal expert by your side from the outset can make all the difference in avoiding delays or errors in your claim.
When a Claim Is Denied or Disputed
Not all claims are accepted on first submission. If your workers compensation claim is declined or disputed, you may be able to have the decision reviewed by the workers compensation insurer, or alternatively, through the Personal Injury Commission. Having legal advice can be crucial here; personal injury laws are complex, and experienced legal support can help you understand your options and fight for fair treatment.
Our lawyers are here to help you understand your rights and options under NSW personal injury laws. We’ll work with you to review the insurer’s decision and take steps to secure a better result where possible.
Who pays for a Personal Injury Lawyer?
For workers compensation matters, the NSW Government established the Independent Legal Assistance and Review Service (ILARS) to facilitate access to free, independent legal advice for injured workers from Approved Lawyers in circumstances where there is a disagreement with an insurer regarding entitlements.
Dominic Tonkin is an ILARS Approved Lawyer and can provide you with independent advice and assistance regarding your workers compensation claim at no cost to you.
Do You Need a Personal Injury Lawyer?
In short, yes. Navigating the workers compensation system while dealing with pain, stress or time off work can be overwhelming. The legal landscape surrounding personal injury laws is detailed and often difficult to manage alone.
At Tonkin Drysdale Partners we’ve been supporting injured workers on the Central Coast and beyond for over 65 years. Whether your injury is physical, psychological or both, we’re here to help take the pressure of and make sure your rights are protected from the start.
Contact Tonkin Drysdale Partners today to arrange a confidential consultation.
