If you’ve been injured, whether physically or psychologically, in a New South Wales workplace, you may be able to claim workers compensation for losses that have arisen as a result. You can claim workers compensation claims for a range of injuries and losses, including medical costs and loss of income, but there are steps you must take to make a claim. Get in touch with us at PK Simpson to help you lodge your claim.
Notify Your Employer
The first step is crucial. For a successful workers compensation act claim, you must notify your employer immediately or as near as possible after your injury occurred, and within six months of the date of the accident or incident. Your employer must be informed about exactly how the incident happened and the nature of your injury.
For over 38 years, the lawyers at PK Simpson have helped the people of Australia get the Workers’ Compensation they are entitled to receive.
Our lawyers have the skills and experience to make sure your Workers’ Compensation claim is successful.
Consult a Doctor
Your doctor must complete a Certificate of Capacity and a copy sent to your insurer and employer. You then have to complete the Worker’s Injury Claim Form and forwarded to the insurer.
Lodge Your Claim
You may claim reasonably necessary medical expenses. However, you could be entitled to compensation for other losses as well, so always consult a lawyer before lodging your claim. If you live in NSW, in or near Sydney, and you’ve been injured at work, you might be wondering, “Is there a PK Simpson work compensation lawyer nearby or near me?” If so, call us on 1300 757 467 or email enquiries@pksimpson.com.au, so we sort out your No Win No Fee workers compensation claim claim.
Payout Entitlements and Duration Limits
Weekly Payments and Maximum Amounts
Under the NSW workers compensation scheme, you’re entitled to weekly income replacement payments starting immediately after your injury. For the first 13 weeks, you receive 95% of your pre-injury average weekly earnings. From week 14 onwards, this reduces to 80% of your pre-injury earnings. This means if your normal weekly earnings exceed the maximum, your payment is capped at this amount. Your weekly payments also cover reasonable medical expenses, including treatment, rehabilitation, and ongoing care.
Permanent Impairment Lump Sums
If your injury results in permanent impairment, you may be entitled to a lump sum payment in addition to your weekly payments. The eligibility threshold is 11% Whole Person Impairment (WPI) for physical injuries or 15% WPI for psychological injuries. If you meet these thresholds, the lump sum compensation is calculated based on your WPI percentage, with a maximum lump sum of $757,760 available. This amount is indexed annually and represents the highest payment available for serious permanent impairment.
Payment Duration: The 5-Year Cap and Beyond
Most workers receive weekly payments for a maximum of 260 weeks (5 years). However, there is a critical exception: if your permanent impairment is assessed at more than 20% WPI, you may be entitled to ongoing weekly payments beyond the 5-year limit, subject to work capacity assessments. For workers with 11–20% WPI, medical and rehabilitation entitlements continue for 5 years after your weekly payments cease. This distinction is vital—understanding your WPI assessment determines whether your income support ends at year 5 or continues indefinitely.
Work Injury Damages: Your Common Law Claim
Beyond your standard workers compensation entitlements, you may have access to a separate legal claim called work injury damages (a common law claim). This claim is available when your employer was negligent in causing your injury and you have at least 15% Whole Person Impairment. Work injury damages claims allow you to claim additional compensation for pain and suffering, loss of enjoyment of life, and economic losses beyond what the statutory scheme provides. However, you can only pursue this claim after exhausting your statutory workers compensation entitlements, and you have 3 years from the date of injury to lodge proceedings. This is a separate pathway from your standard claim and can result in significantly higher compensation in serious cases.