Legal professionals in New South Wales are urging any employee who suffers an injury on the job to seek immediate specialist legal advice concerning their compensation rights.
Aimee Lanyon, an associate with Turner Freeman Lawyers, emphasised that understanding your entitlements is a critical step following a workplace incident. Most injured workers in NSW can access a grant for preliminary legal funding from the Independent Review Office, meaning initial advice often comes at no personal cost.
Common Workplace Injury Queries Resolved
Based on frequent client consultations, the firm has addressed several widespread areas of confusion surrounding workers' compensation claims.
1. Age Is No Barrier to Making a Claim
A prevalent misconception is that employees over the government retirement age cannot claim workers' compensation. This is incorrect. If you are an employee in NSW and your work was the main cause of your injury, you retain the right to lodge a claim regardless of your age.
For those over retirement age, potential benefits include weekly payments (95% or 80% of pre-injury earnings) for up to twelve months from the first day off work. The insurer is also liable for reasonably necessary treatment expenses like scans, surgery, and medication. Furthermore, you may be eligible for a tax-free lump sum payment for any permanent impairment resulting from the injury.
2. Navigating Leave Entitlements Alongside Compensation
The interaction between personal leave and compensation payments can be complex. An injured worker can choose to access accrued annual leave while simultaneously receiving weekly benefits from the insurer, effectively receiving both payments.
The situation differs for sick leave. You cannot receive 100% of your sick pay and a full weekly benefit concurrently. However, you can combine a weekly compensation payment (at the 80% or 95% rate) with sick leave to top up your income.
3. Treatment Rights After Returning to Work
What happens if you start a new job but still require medical care for your work-related injury? Your entitlement to have reasonably necessary treatment expenses paid for by the insurer continues for at least two years from the date you return to pre-injury employment and weekly benefits stop.
This period may be extended depending on the assessed level of permanent impairment from your injuries.
4. Does Workers' Compensation Include Superannuation?
This is a key area where many employees face disappointment. There is no legal obligation for a workers' compensation insurer to make superannuation contributions on your behalf while you are receiving weekly payments. This is an important financial consideration for anyone facing a long period of incapacity.
Securing Your Rights After a Workplace Injury
The overarching message from legal experts is clear: do not delay in seeking professional guidance. With funding available for initial advice for most workers, there is a low barrier to understanding your legal position.
For specific advice tailored to your situation, contact Turner Freeman Lawyers directly on 4220 5250 or visit their website at turnerfreeman.com.au.
