What many injured workers in NSW don’t know is, if they have been seriously injured and their employer was negligent, there is an option to sue the employer (through the workers compensation insurer) and take a lump sum of damages (compensation) rather than remain on workers compensation benefits for years and years.
The law in NSW for injured workers is such that if one suffers injuries equating to 15% whole person impairment (usually someone who has suffered significant back or neck injuries) and their employer was negligent for the accident occurring, they have an extra avenue available to claim compensation.
There are time limits, and any such claim needs to be made within three years of the date of accident. Getting sound legal advice from an Accredited Specialist in Personal Injury Law is a must.
Many injured workers tend to deal with the workers compensation insurer and don’t seek legal advice. They presume what they are getting is all they’re entitled to. That’s not necessarily true.
A negligence claim means that an injured worker can take a lump sum of their entitlements rather than receive weekly benefits. For many people, receiving a lump sum and having the freedom from the insurance company is preferable than having to submit weekly, fortnightly or monthly medical certificates and keep asking for payment of necessary treatment.
Injured workers should be aware that if they receive a lump sum of compensation, they have to pay for their medical expenses, but in most cases those medical expenses have already been incurred and typically people don’t like to go back for a second lot of spinal surgery or similar.
Burke Elphick & Mead Lawyers are expert personal injury lawyers. Emma Mead is an Accredited Specialist in Personal Injury Law and is an expert in this field.
Emma has a competent team of lawyers who understand the workers compensation rules and injured workers’ entitlements to modified work injury damages claims.
Workers compensation can be a minefield, but the right advice from an Accredited Specialist in Personal Injury Law gives peace of mind.
Having the information about what the compensation laws are, and what entitlements an injured worker has, is important.
Burke Elphick & Mead Lawyers are Newcastle-based solicitors. Emma Mead has, for 15 years, worked exclusively for people who have suffered injuries at work and in motor vehicle accidents.
If you have been injured at work and have suffered serious injuries, a phone call to Emma Mead on 4929 2700 is all you need to do to start the process.
