Workers Compensation – what benefits are you entitled to? – Libby Campbell

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

Suitable duties – where do you stand and for how long? – Libby Campbell

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

Journey Claims – Mark Grady

MKG-newIn 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:

  1. 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.
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