Industrial Injury Compensation
According to the latest work health and safety report of SafeWork Australia, manufacturing, construction and mining were among the top sectors registering the most worker fatalities in 2019. In the same report, the most common mechanisms of incidents leading to serious injuries in 2018-19 were listed as body stressing, falls, trips and slips of a person, being hit by moving objects, mental stress, hitting objects with body parts and sound and pressure. By occupation, labourers, technicians and machinery operators and drivers constituted the most serious cases of work-related injuries and diseases in these years.
SafeWork suggests that the workers employed in the manufacturing sector are twice as likely to suffer from serious injuries. In New South Wales, 7% of the employees work in the manufacturing sector where the work-related injury rate at 54.5% is considerably higher than the state average at %28.1. In this sector, injuries are mostly caused by being hit by falling objects, musculus stress, falls and noise.
If you were injured due to employment in an industrial sector, you may be entitled to claim compensation for your losses arising from your injury, under the workers compensation acts of NSW.
What does industrial injury compensation cover?
What you are entitled to as a result of your industrial injury compensation claim will depend on the specific circumstances of your injury. You may obtain weekly payments for covering loss of past and future earnings, medical expenses, compensation for pain and suffering and in some cases lump sum payment. You may be eligible for a lump sum payment if your work-related injury is assessed at 11% whole person impairment or more. If you sustained a primary psychological injury caused by work which is assessed at 15% or more, you may also be eligible for lump sum compensation. The assessment should be conducted by a trained medical specialist who is listed on the State Insurance Regulatory Authority’s (SIRA) website.
How to make a claim for industrial injury compensation
If you sustained an industrial injury, you should first report it to your employer or the insurer within 48 hours. You should then submit a “worker’s injury claim” form together with the medical report obtained from your doctor. This form should also document the details such as your pre-injury wage, date and description of the injury and your return-to-work program.
Hearing impairment claims
Noise was among the most common industrial occupation hazards in 2018-19 according to SafeWork’s report. If you sustained deafness as a result of a noisy work environment, you may be entitled to claim compensation for hearing aids and lump sum payment. If your hearing loss occurred on or after 1 January 2002 and is assessed at 11% or greater permanent impairment, you can receive lump sum compensation. If the industrial injury you sustained occurred before 1 January 2002 and is assessed at 6% or more, you can also be eligible for lump sum payment. In order to make a claim for lump sum compensation for industrial deafness, you should submit a permanent impairment claim form to your employer or the insurer. No permanent impairment is required for being able to claim for hearing aids.
Frequently asked questions
Our experienced lawyers can assess your case and offer tailored advice for achieving the best possible results at the end of your compensation claim. They can inform you about your rights and entitlements as an injured industrial worker and how to claim them. Our lawyers can also clarify the process of filing a compensation claim for you, which can be confusing at times.
Industrial injury compensation claims should be made within 6 months from the date of the injury. In some situations like absence from the state, a claim can be made up to three years. If a longer period than 3 years has passed after the injury and a claim has still not been made, it is possible to make one via the State Insurance Regulatory Authority’s (SIRA) approval.
You do not have to be in Sydney to make a compensation claim for your industrial injuries. Regardless of where you are located, our lawyers specialised in industrial injury compensation and conveniently located in Sydney, Parramatta, Penrith, Liverpool and Wollongong can help you.
If you were injured due to employment as an industrial worker, you can consult a lawyer at any point in your claim process. However, it is important to see a lawyer as soon as possible if you are confused about your entitlements and how to claim them.
The scope of compensation you may be entitled to at the end of your claim will depend on the specific circumstances of your injury. Consulting an expert lawyer, however, will help you see where your case stands legally and anticipate the results of your claim.
No win no fee industrial injury lawyers
The process of claiming compensation can be so stressful that it can elevate your existing suffering from your personal injury. Financial concerns, on the other hand, arising out of legal payments can be another factor of stress as well. A competent lawyer working on a no win no fee basis will remove both the legal and financial burdens for you. No win no fee means you will pay for the legal fees only if your claim is achieved and lets you focus on your recovery.