by Libby Campbell | Jul 14, 2018 | Workers Compensation
Under NSW workers compensation law medical expenses are stopped after certain periods depending on the severity of the injury. For all accepted injuries there is a minimum of two years from the date of the injury or the date of the last weekly payment that reasonably necessary medical expenses will be covered by the workers compensation insurer. If the worker is assessed between 11% and 20% whole person impairment the worker’s medical expenses are then covered for five years from the date of injury or from the date of the last weekly payment. If the worker is assessed at greater than 20% whole person impairment the worker’s medical expenses are covered for life.… Read More
by Libby Campbell | Jun 2, 2018 | Workers Compensation
The 21st century has seen an increase in the use of flexible working arrangements and alternate employment settings, which can involve the home. However are employees covered by workers compensation if they are working from home and there are no other employees or witnesses to vouch for their activities and potential injuries, and how far does it extend?
A recent decision made by Senior Arbitrator McDonald in the Workers Compensation Commission on 18 January of this year touched on this issue. The case involved a couple who ran a financial advice company from their home. In June 2010 the female partner died at home as the result of injuries inflicted by her partner, who was not found guilty of murder due to mental illness.… Read More
by Libby Campbell | Apr 7, 2018 | Workers Compensation
Under section 66 of the Workers Compensation Act 1987 workers are able to claim for permanent impairment for injuries which are assessed at greater than 10% whole person impairment (WPI) for physical injuries, or 15%WPI or more for psychological injuries. If the date of injury was to occur today the maximum payout, or 100%WPI for permanent impairment would be $598,560.
If death results from an injury, the worker’s dependents, such as a spouse or child, are able to claim a lump sum death benefit claim under section 25 of the Workers Compensation Act 1987. If death was to occur today the current pay out figure is $781,900.… Read More
by Libby Campbell | Jan 20, 2018 | Workers Compensation
In 2012 there were some big changes made to workers compensation laws, the impact of which are now being realised. Approximately 6,300 workers in NSW are likely to be impacted by these changes in accordance with section 39 of the Workers Compensation Act 1987. This section states that weekly payments of compensation will cease after an aggregate period of 260 weeks (5 years) has been paid or is payable to the worker in respect of the workplace injury. The section does not apply to an injured worker if their injury has been assessed as greater than 20% whole person impairment.… Read More
by Libby Campbell | Nov 25, 2017 | Workers Compensation
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.… Read More
by Libby Campbell | Oct 7, 2017 | Workers Compensation
Sometimes getting back to work after a workplace injury is not a seamless transition, particularly if you can’t perform your previous role. If after an injury your doctor has certified you capable of doing some work or even your pre-injury work hours, but has placed restrictions on what type of work you can do, this can become tricky to navigate what your role at work will be with your employer. Some examples of restrictions your doctor may have provided could be a restriction in the amount of weight you are able to lift, the number of hours you are either able to sit or stand for, or a restriction on where in the workplace you are able to work.… Read More
by Mark Grady | Feb 18, 2017 | Workers Compensation
In NSW, if a person was on their way to or from work (known as ‘journey claims‘) and they suffered an injury, they have always been covered for workers compensation. That was up to 2012. In 2012 the Workers Compensation Act 1987 was amended and one of the changes that came in related to journey claims.
Section 10(3A) of the Workers Compensation Act 1987 provides that for journey claims there needs to be ‘a real and substantial connection between the employment and the accident‘.
The question therefore is ‘what is a real and substantial connection?‘
The two leading cases are:
- Singh & Singh t/as Krambach Service Station v Wickenden [2014] NSWWCCPD 13 – Ms Wickenden was working at the Krambach Service Station and travelled by way of motor bike in the daytime to and from work.
… Read More
