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NSW Health Workers Compensation

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The healthcare and social assistance sector in New South Wales (NSW) includes hospitals, medical services, child care, residential care, allied health and other medical and social assistance services. Health care is among the most hazardous industries with COVID-19 posing additional pressure on medical care services and creating more risk for its workers. If you had an injury during the course of work, you may be entitled to workers compensation benefits below:

  • Weekly wages
  • Medical Expenses
  • Lump sum payment
  • Domestic assistance
  • Common law payout
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What does health worker compensation cover?

Under the Workers Compensation Act 1987 (NSW), you may be entitled to compensation wages, medical expenses, home care, travel expenses.

You may also be entitled to a lump sum payment if your injury is assessed at 11% whole person impairment or greater, or you sustained a primary psychological injury with 15% or greater.

If your employer was negligent and your injuries are assessed with 15% or more whole person impairment you can make a claim for work injury damages, which may allow you to claim your future lost earnings until the retirement.

If you are a paramedic, the threshold of the personal impairment is 0%. Click here to read more about exempt workers.

How to make a claim for compensation as an injured health worker

If you want to make a claim against your employer as an injured health worker, you should first report the accident to your employer as soon as possible by completing a Work Injury Claim Form along with a Certificate of Capacity to be completed by your doctor. Your employer will then have 48 hours to send it to its workers compensation insurer. The Work Injury Claim Form should also document the details such as your pre-injury wage, date and description of the injury and your return-to-work program.

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Legal costs and disbursements of workers compensation for healthcare

Workers compensation arises out of an injury and/or illness as a result of an injury in the course of employment. This means that you are either physically in pain and/or psychologically suffering. Let us simplify the legal process to you simply and in an easy to understand way. Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on No Win No Fee basis in NSW. As to legal costs for workers compensation claims, they are covered by the Workcover Independent Review Office (WIRO) which means that no matter the result you do not pay for any legal costs whatsoever. The team at Withstand Lawyers is conventionality located in Sydney & Parramatta. Call us on 1800 952 898 or book a consultation to receive the clearest, best and quickest assistance possible.

FAQs

Our senior lawyers experienced with workers compensation claims can successfully assess a worker’s injury in terms of legal regulations and offer valuable advice on their rights and benefits and how to claim them. Furthermore, our lawyers can guide you through legal proceedings of making a claim and advise you on what to expect in the process. You also do not need to pay for our lawyers costs and disbursements.
Workers compensation claims should be made within 6 months after the date of the injury. In some situations like absence from the state, a claim can be made up to three years. If a longer period than 3 years has passed after the injury and a claim has still not been made, it is possible to make one via the State Insurance Regulatory Authority’s (SIRA) approval.
If you were injured as a result of your employment as a health worker, you can consult our senior workers compensation lawyers at any point in your claim process. However, we recommend speaking to our workers compensation lawyers as soon as possible in order to receive clear advice from the start of your claim or as soon as possible.
You do not have to be in Sydney to make a compensation claim if you sustained a work-related injury as a health worker. The law is the same anywhere in NSW. Regardless of where you are located, our lawyers are experienced in health workers compensation and are conveniently located in Sydney, Parramatta, Penrith, Liverpool and Wollongong.
The benefits you may obtain at the end of your claim will depend on the specific circumstances of your case of injury, like the seriousness of your injury. Consulting our experienced health worker injury lawyers can help you in anticipating the results of your claim.

According to SafeWork, most frequently reported cases of injury from health workers are muscular stress, falls on the same level, harassment and bullying and work pressure. Common hazards giving way to the above injuries, on the other hand, are listed as hazardous manual tasks, hazardous chemicals, fatigue, slips, trips, and falls, transition of support from one service to another, violence, workplace bullying and working in people’s homes.

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Issa Rabaya

• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society

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*Our No Win No Fee policy means that you will not be out of pocket for our costs or disbursements if you lose your claim – no win no fee. If we commence court proceedings and you are unsuccessful you still won’t be out of pocket for our costs and disbursements however you will be out of pocket for the other sides legal costs and disbursements. Prior to commencing proceedings we will provide you with an authority explaining the risks and costs which could arise if you lose in court, one being that if you lose in court you would be liable for the legal costs and disbursements of the other side.

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