Worndering if casual employees are entitled to workers compensation in NSW? The answer is yes. Despite the flexibility of casual employment, your rights as a worker remain protected if you’re injured on the job. Whether you’ve experienced a workplace accident or developed an illness or condition due to your job, you may be entitled to compensation under Workers Compensation, previously known as WorkCover.
Navigating the process of workers compensation for casual employees in NSW can feel overwhelming. Questions like, “Does WorkCover apply to me?” or “What can I claim as a casual worker?” are common and valid. That’s where expert legal guidance comes in.
At Withstand Lawyers, we understand the unique challenges faced by casual employees seeking workers compensation. From handling complex claims to securing the benefits you’re entitled to—such as medical costs, lost wages, and rehabilitation expenses—we’re here to guide you every step of the way.
Don’t let uncertainty stop you from claiming your rights. Let’s work together to ensure you receive the support and compensation you deserve. Contact our team of workers compensation lawyers today for tailored advice and a free claim check.
What Is Workers Compensation for Casual Employees in NSW?
Workers compensation, formerly WorkCover, is a legal safety net for employees injured at work. Whether you’re a full-time, part-time, or casual worker, if you’re injured in the course of your employment, you may be entitled to claim:
- Medical costs (e.g., treatments, surgeries, and medication)
- Weekly payments for lost income while recovering
- Rehabilitation or retraining expenses
- Lump sum payments for permanent injuries
Casual employees are not excluded from these protections. NSW law ensures that all workers, including casual staff, are covered by WorkCover, which is the insurance scheme that manages workplace injury claims.
Are Casual Employees Entitled to Workers Compensation?
Yes, all casual employees who suffered and injury are entitled to workers compensation benefits regardless of where they were injured in NSW. The benefits would primarily include weekly benefit payments for loss of earnings, medical expenses, lump-sum payments such as work injury common law damages payout, and return to work assistance.
Casual Workers Compensation Entitlements: What You Need to Know
As a casual worker, you may wonder whether you’re entitled to the same workers compensation benefits as permanent employees. The good news is that in NSW, casual workers are covered under WorkCover, ensuring they have access to financial and medical support when injured on the job.
Here’s a breakdown of what you can claim as a casual employee:
If your injury prevents you from working, you can claim weekly payments based on your pre-injury average weekly earnings (PIAWE). This includes:
- Wages earned during your shifts as a casual employee
- Loadings or allowances typically included in your pay
Although casual work may have fluctuating hours, WorkCover ensures fair compensation for your lost income.
Workers compensation covers all reasonable medical costs related to your injury, including:
- Doctor consultations
- Surgeries and treatments
- Prescription medications
- Rehabilitation and physiotherapy
If your injuries are greater than 14% whole person impairment and affects your ability to manage daily household tasks, you may be entitled to domestic assistance under workers compensation. This includes support for:
- Cleaning and home maintenance
- Meal preparation
- Laundry and other household chores
- Assistance with errands or grocery shopping
Domestic assistance is designed to help you maintain your quality of life while recovering from a workplace injury.
Workers compensation also provides funding for rehabilitation and retraining programs. If you’re unable to return to your previous role, these programs can help you transition into a new job or industry.
If your injury results in permanent impairment, you may be eligible for a lump sum payment. This is determined by an independent medical assessment, which evaluates the extent of your injury and its impact on your ability to work.
Lump sum payments are available for physical injuries assessed at being greater than 10% and psychological injuries at being greater than 14% permanent impairment.
In order to receive compensation by way of a lump sum, your physical injuries need to meet at least 11% whole person impairment. The threshold is 15% if you have primary psychological injuries, you are not entitled to receive permanent impairment compensation for secondary psychological injuries.
A common law claim, also known as a work injury damages claim, can be made if workplace injuries are assessed to be greater than 14% whole person impairment and resulted from the employer’s negligence.
If your injuries are assessed at 15% whole person impairment or greater and the injuries were as a result of your employers’ negligence, you may be able to make a work injury damages claim. A work injury damages claim allows for you to claim your future loss of earnings until the age of retirement by way of a lump sum payment. That means that the insurer would essentially pay an advanced amount based on your capacity to work and your pre-accident wages until the age of retirement. Sometimes it may not be the best decision to settle a work injury damages claim because your medical expenses would no longer be covered by the insurance company.
Can Casual Employees Claim Mental Health Workers Compensation?
Yes, casual employees in NSW can claim mental health workers compensation if their mental health condition is work-related. Under WorkCover NSW, casual workers have the same rights as permanent employees to seek compensation for psychological injuries caused by their workplace.
What Counts as a Work-Related Mental Health Condition?
To claim workers compensation for a mental health condition, it must be directly linked to your work environment or job duties. Examples of work-related mental health conditions include:
- Depression or Anxiety: Triggered by excessive workloads, unrealistic expectations, or job insecurity.
- Post-Traumatic Stress Disorder (PTSD): Resulting from witnessing or experiencing traumatic events at work.
- Adjustment Disorder: Caused by significant stressors, such as bullying, harassment, or workplace conflict.
How Do I Make a Workers Compensation Claim as a Casual Employee?
If you’re a casual employee injured at work, you have the same right to claim workers compensation as permanent employees. The process can feel daunting, but following these steps can help ensure your claim is successful and you receive the support you’re entitled to under NSW workers compensation laws.
If you need help with the process or are unsure if you are eligible to make a claim, you can reach our Workers Compensation lawyers and we can assist you regarding your claim on a No Win No Fee basis. Our fees are covered by the Independent Review Office (IRO), ensuring you pay nothing out of pocket or out of settlement monies.
The first and most important step in making a workers compensation claim as a casual employee in NSW is to consult your doctor to:
- Assess Your Injuries: Your doctor will evaluate the extent of your workplace injuries or illness and provide a detailed diagnosis.
- Establish the Work Connection: Your doctor must clearly document how your injury or condition is directly related to your work duties or workplace environment. This connection is essential for your claim to be accepted under WorkCover.
- Obtain a Work Capacity Certificate: This certificate confirms your diagnosis, explains how your injury affects your ability to work, and outlines the treatment you need to recover.
Taking these steps ensures your workers compensation claim is supported by strong medical evidence, improving your chances of securing the compensation you deserve as a casual worker in NSW.
Under NSW law, it’s essential to notify your employer about your workplace injury as soon as possible. While you’re not required to share personal details about your condition, you must provide enough information for your employer to report the injury to their workers compensation insurer. Timely reporting ensures your claim meets the requirements under WorkCover NSW regulations.
Once your employer has been notified, you can lodge your workers compensation claim with their insurance provider. To ensure your claim is processed smoothly, you’ll need:
- A Completed Workers Compensation Claim Form: This form provides the insurer with essential details about your injury and its connection to your work.
- Your Work Capacity Certificate and Supporting Medical Reports: These documents confirm your diagnosis, the extent of your injury, and its impact on your ability to work.
- Relevant Workplace Documents: Include incident reports, emails, witness statements, or any other evidence that supports your claim and demonstrates how the injury occurred.
By submitting these materials, you’ll strengthen your case and increase your chances of receiving compensation under WorkCover NSW.
The insurer will review your workers compensation claim to decide whether to accept or deny it. During this process, they may reach out to your healthcare providers, employer, or other relevant parties to gather additional information for their assessment.
If your claim is accepted, you’ll start receiving entitlements based on the nature of your injury and personal circumstances. These entitlements may include:
- Weekly Payments: To replace lost wages while you recover.
- Medical Expense Coverage: For treatments, medications, and rehabilitation.
- Other Benefits: Such as domestic assistance or vocational training, depending on your situation.
In the event your claim is denied, don’t lose hope. You have the right to challenge the decision, and our team of experienced workers compensation lawyers can help you secure the compensation you deserve. You can contact us at any stage of your workers compensation claim for a free claim assessment so you know where you stand.
How Is a Workers Compensation Settlement Amount Calculated for Casual Employees in NSW?
If you’re a casual employee in NSW and have suffered a workplace injury, you may be entitled to a settlement through the workers compensation system. The settlement amount is calculated based on several factors unique to your situation, including the extent of your injury and its impact on your ability to work.
Key Factors That Influence Your Workers Compensation Settlement
Nature and Severity of the Injury
The severity of your injury plays a significant role in determining the settlement amount. For example:- Minor injuries may result in coverage for medical expenses and short-term income support.
- Permanent impairments may qualify for lump sum compensation based on your level of disability.
Pre-Injury Average Weekly Earnings (PIAWE)
As a casual worker, your weekly payments are calculated using your Pre-Injury Average Weekly Earnings (PIAWE). This includes:- Wages from your casual shifts
- Any regular allowances or loadings
Medical and Rehabilitation Costs
Your settlement will include coverage for medical treatments, surgeries, medications, and rehabilitation services needed for your recovery.Loss of Future Earnings
If your injury prevents you from returning to work or reduces your earning capacity, the settlement may include compensation for future income loss.Lump Sum for Permanent Impairment
If your injury results in a permanent impairment, you may be entitled to a lump sum payment. The amount is determined based on the percentage of impairment assessed by an independent medical examiner.Other Expenses
Depending on your circumstances, additional costs such as travel to medical appointments, vocational retraining, or even domestic assistance may be included.
How Casual Employees’ Settlements Differ
For casual employees, the settlement amount may vary due to the nature of casual work, such as fluctuating hours or irregular income. However, NSW law ensures that casual workers receive fair compensation based on their earnings and employment history.
Need Help Calculating Your Workers Compensation Settlement?
Determining the right settlement amount can be complex, especially for casual employees. At Withstand Lawyers, we specialise in helping injured workers navigate the claims process and secure the maximum compensation they’re entitled to.
Contact our experienced workers compensation lawyers today for expert advice and a free claim check. Let us help you protect your rights and achieve the settlement you deserve.
Can a Casual Employee Make a Work Injury Damages Claim?
Yes, a casual employee can make a common law claim, also known as a work injury damages claim, if certain conditions are met. This type of claim allows injured workers to seek compensation for their future loss of earnings due to a workplace injury caused by their employer’s negligence.
Eligibility for a Common Law Claim as a Casual Employee
To be eligible to make a work injury damages claim, casual employees must:
Have a Permanent Impairment of 15% or More:
Your injury must be assessed at 15% Whole Person Impairment (WPI) or greater by an independent medical examiner. This threshold is mandatory under NSW workers compensation laws.Prove Employer Negligence:
You must demonstrate that your injury was caused by your employer’s negligence, such as failing to provide a safe work environment, adequate training, or proper equipment.Have Received Workers Compensation Benefits:
A work injury damages claim can only be pursued after you’ve received statutory benefits under the workers compensation scheme.
What Can a Work Injury Damages Claim Cover?
A work injury damages claim allows casual employees to seek a lump sum payment for their future loss of earnings. This amount is calculated based on:
- Your Pre-Injury Average Weekly Earnings (PIAWE) as a casual worker
- Your capacity to work following the injury
- The number of years remaining until your expected retirement
Considerations for Casual Workers
While a common law claim can provide significant compensation, it’s important to note that settling a work injury damages claim means forfeiting your rights to further workers compensation benefits, such as medical expenses or rehabilitation support. For casual employees, this decision requires careful consideration of your ongoing medical and financial needs. We recommend you speak to our experienced workers compensation lawyers before making the decision to make a common law claim. Contact us today for a free consultation to know where you stand.
Why Casual Employees Choose Withstand Lawyers for Their Workers Compensation Claim in NSW
Making a workers compensation claim as a casual employee in NSW can be complex, especially with irregular hours or fluctuating income. At Withstand Lawyers, we specialise in assisting injured casual workers, ensuring they receive the compensation they’re entitled to under WorkCover NSW.
Here’s why casual employees trust us with their workers compensation claims:
1. Experienced in Workers Compensation for Casual Employees in NSW
We have decades of experience handling claims for casual workers across various industries, including retail, hospitality, construction, and healthcare. Our knowledge of NSW workers compensation laws ensures we address the unique challenges casual employees face, such as calculating entitlements based on irregular work patterns.
2. No Out of Pocket Expenses
At Withstand Lawyers, we believe everyone should have access to legal representation without financial stress. That’s why we offer a no-win, no-fee policy, meaning you won’t pay us unless your claim is successful. All our fees are covered by the Independent Review Office (IRO), meaning there are no hidden costs and nothing is taken from your settlement monies.
3. Proven Success in Workers Compensation for Casual Workers
We have a strong track record of securing favorable outcomes for casual employees. Whether it’s negotiating with insurers or challenging unfair claim denials, our priority is to maximise your compensation and protect your rights under WorkCover for casual employees.
4. Personalized Legal Support
We know that every case is different. That’s why we provide:
- Clear, step-by-step guidance tailored to your situation
- Regular updates on your claim’s progress
- Compassionate support during a challenging time
Our team works closely with you to ensure your claim is handled efficiently and effectively. We keep the process simple, so you can focus on your recovery.
5. Assistance with Disputed or Denied Claims
If your claim has been denied or underpaid, we’re here to fight for your entitlements. Our expertise in resolving workers compensation disputes for casual employees ensures your voice is heard, and your rights are upheld.
Contact Withstand Lawyers for Workers Compensation Claims in NSW
If you’re a casual employee injured at work, let our workers compensation lawyers guide you through the workers compensation process. From filing claims to handling disputes, we’re dedicated to achieving the best possible outcome for injured casual workers.
Contact us today for a free claim check and trusted legal advice.
FAQs
What are the most common workplace injuries for casual employees?
According to the Australian Bureau of Statistics, the most common workplace injuries include lifting, pulling, bending, being hit, slipping & falling, and repetitive movement.
When is the best time to contact a lawyer for casual workers to make a workers compensation claim?
You can consult an experienced WorkCover lawyer at any point if you are injured. It is always recommended to get legal advice to know where you stand. Our lawyers provide a 100% free no-obligation claim check, click here to reach us now.
How long does a workers compensation claim take?
Workers compensation claims generally take about one and half years, but the duration depends on the injured person’s recovery period.
How much do I need to pay or how much will a a lawyer charge me for my workers compensation claim?
At Withstand Lawyers, you don’t need to pay anything to make a claim. Our workers compensation lawyers are approved by the Independent Review Office (IRO) which means that you are not liable to pay for any legal costs and disbursements as they will be covered by IRO.
How long do I have to report my injury?
The answer is as soon as possible. Also, the time limit to submit your work injury claim form is 6 months from the date of the injury however there are exceptions depending on the circumstances. Please contact us for legal advice.
What is an exempt worker?
Exempt workers include police officers, paramedics and firefighters who are certain classes of workers who are not covered by most of the provisions of the workers compensation acts in New South Wales and are thus subject to a different practice in terms of workers compensation. Click here to learn more about exempt workers.
Why Withstand Lawyers for Workers Compensation Claims?
Our experienced Workers Compensation Lawyers can assist you to get the best workers compensation payout possible on a No Win No Fee basis. You can meet our team in Sydney, Parramatta, Penrith, Newcastle, Wollongong, and other suburbs in NSW. Call us on 1800 952 898 or fill in the contact form below for further information.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
