What do you do when you get injured at your workplace in NSW? After a workplace injury, the situation may seem dire. As much as it may be, you can still reprimand the situation by claiming comp from the company via workers compensation payout in New South Wales. When you have to make a claim, experience a loss of earnings, and receive weekly payments due to an injury, there is a lot of legal advice to cover. Here’s a guide for you to know all about it.
How Does the Workers Compensation Work?
If you get injured at work in New South Wales, you are eligible for workers compensation that covers your lost wages, treatments and related expenses, and other costs that come with the injury, depending on your injury. In fact, if your injury is severe, and if negligence was involved on the company’s part, you could also claim lump sum payout overage for permanent impairment and damages.
So, how does it work? After your injury, you have to file a claim and go through a lengthy paperwork process to get the compensation. The easiest way to claim workers comp in NSW is by contacting us; we are a leading team of workers compensation lawyers who can help you get the best compensation for your injury.
Workers Compensation Payments
Under the worker’s compensation, you are eligible for compensation of various types, depending on your injury and the nature of the accident in NSW. The following are types of workers comp payments you can get in New South Wales:
- Weekly Payments: Such payouts compensate for your lost income while you are off work because of the injury.
- Medical Expenses: Medical expenses are payments that cover your medical expenses, such as hospital, ambulance, rehabilitation, and travel charges.
- Permanent Impairment Payout: These are lump-sum compensations that cove permanent impairment resulting from work-related injury or illness.
- Work Injury Damages Payout: Also known as common law claims, these lump-sum payouts cover damages if your injury was caused due to your employer’s negligence.
When Should I Start to Receive Workers Compensation Payments?
If you lose your earnings due to the injury and are entitled to weekly payments, the insurer will start paying out your comp within seven days of being notified by you unless there is a reasonable excuse to not commence payout in New South Wales.
In case the payout does not commence within seven days in NSW, note that the insurer must notify you in writing and provide you with advice on how to proceed with the compensation claim.
How Long Do Workers Compensation Payments Last?
As per the law in NSW, a few clauses state how long your worker’s compensation will last. There are a few guidelines to know about this. For instance, your weekly worker’s comp will continue until:
- You return to work
- You reach a work injury damages settlement with your employer
- You have been getting the payment for five years
- You reach the maximum total weekly comp limit
- You reach your retirement age plus another year in New South Wales
Workers Compensation Rates NSW
In New South Wales, these are the rates for your worker’s compensation payout:
- For an entitlement period of 0 to 13 weeks, you get 95% of your pre-accident earnings
- For weeks 14 to 130 with no working capacity, you get up to 80% of pre-accident earnings
- For weeks 14 to 130 with limited work capacity, you get up to 80% of pre-accident earnings
- For weeks 141 to 260 with no work capacity, you get 80% of the earnings if no work capacity is likely to continue indefinitely
- For weeks 141 to 260 with some work capacity, weekly benefits stop for most with a few exceptions
- After five years, weekly benefits comp only apply to people with whole person impairment
What is the Maximum Payout for Workers Compensation in NSW?
In New South Wales, weekly payments for most people is capped at AUD 2242.40 (for five years), or a total of AUD 583,024. However, if your permanent impairment is greater than 20%, the cap on the comp does not apply.
Along with the weekly compensation, you may also be entitled to a lump sum compensation that pays for your medical, hospital, rehabilitation, and other medical expenses. You may also be eligible for a lump sum payout for permanent injury or impairment. A legal expert will be able to guide and assess the payout you should get.
Permanent Impairment Workers Compensation
If you suffer an injury severe enough to cause permanent impairment, you may be eligible for permanent impairment workers compensation payout in NSW. Here, if your injury has occurred on or from 1 January 2002, the compensation is paid out based on an assessment of your impairment. If the same has occurred on or after 19 June 2012, you must have 11% or more permanent impairment for physical impairment and 15% or more for primary psychological injury. But remember, to undergo the assessment for the comp, your injury must have reached its maximum improvement and is unlikely to improve in the future.
Workers Compensation Guidelines Weekly Payments
Weekly compensation payment in New South Wales cover your lost wages and medical expenses if you suffer an injury at the workplace, and they are there to help you transition back into your career. However, you must meet specific criteria to be eligible for weekly compensation, which entirely depends on your injury. However, to get the best workers comp, we can help you with our legal support in NSW. There are quite a few guidelines for this, so consult with an expert.
How is Average Weekly Workers Compensation Calculated?
The weekly comp for work injuries depends on your injury, duration of treatment and healing, and your income. Here is how the insurer ideally calculates your weekly compensation payout in NSW:
- If you are working 15 hours or more per week: you get 95% of your pre-injury weekly earnings, minus your current weekly earnings, the amount you are likely to earn in suitable employment, or the maximum weekly comp amount minus current earnings.
- If you are working less than 15 hours per week: you get 80% of your pre-injury earnings, minus your current earnings, the amount you are likely to earn in suitable employment, or the maximum weekly comp amount minus current earnings.
- If you have no capacity for work: you get 80% of your pre-injury earnings, minus your current earnings, the amount you are likely to earn in suitable employment, or the maximum weekly comp amount minus current earnings.
Filing for workers compensation claims may be daunting, but it need not be. Avoid the hassle by letting us do it for you. We are a leading provider of legal services in New South Wales and guide you to get the best workers compensation so you can resume your regular life with the least damage to your financial health.