If you have been injured at work you may be eligible to claim for four types of compensation under the Workers Compensation Act 1987 (NSW). Firstly, if partial or total incapacity for work results from a work injury your employer is required to pay you a weekly payment during the incapacity. Secondly, your employer is liable to pay reasonably necessary medical, hospital and rehabilitation expenses including associated travel expenses to attend the treatment. Thirdly, your employer is liable to pay permanent impairment compensation for an injury that results in a degree of whole person impairment greater than 10% for physical injuries, and greater or equal to 15% for psychological injuries. Fourthly property damage expenses, up to a specified amount. Death benefits and funeral expenses may also be payable if a worker dies as a result of a workplace injury.
An example of all entitlements in action is if you were working as a nurse, you wore glasses and during a shift in the Emergency Department you had a patient who turned violent striking you across your face, your glasses broke with a part of your glasses rupturing your eye.
First entitlement – you need time off work as you are unable to see in one eye and you require treatment. Once certified by your Doctor as having an incapacity you are then eligible for weekly payments during your incapacity.
Second entitlement – you require an operation to fix your eye, and subsequent eye drops. If these are considered reasonably necessary, you are eligible to have these expenses paid for by your employer.
Third entitlement – you have permanent damage to your eye and have reduced vision as a result of the injury. If you are assessed as over the required threshold, you are potentially eligible for a permanent impairment payment.
Fourth entitlement – you need new glasses. You are eligible to claim for a replacement pair up to a specified value.
Ideally no problems will arise in receiving these benefits, but if they do you can contact a WIRO approved solicitor and they will be able to assist you to try and overturn the decision at no cost to you. At Everingham Solomons we have two approved WIRO solicitors so please make an appointment to speak with one of us if you believe you have an entitlement that has not been paid to you, because Helping You is Our Business.
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