In 2012 the NSW government implemented changes to workers compensation. These were major changes across the entire scheme. The government completely re-wrote the statutory provisions relating to wages compensation for periods of unfitness for work. The provisions contain complex methods for calculating entitlements. Injured workers can be paid sums for...
If a worker has been in receipt of payments and it is subsequently established that s/he has been working and not entitled to compensation, can the insurer recover that over payment and how?
Yes. The insurer can apply to the Workers Compensation Commission for an order for repayment and the WCC can order repayment of payments for a period not exceeding two years (or any longer/shorter period it considers appropriate). The repayments can be deducted from future payments or recovered as a debt in a...
What are the workers compensation insurer’s duties to a) make weekly payments following initial notification of injury, b) to make weekly payments following receipt of a claim and c) following receipt of a claim for lump sum compensation?
a) The insurer must do so within 7 days unless there is a “reasonable excuse” not to do so eg there is a lack of medical information, it is unable to contact the claimant for more information etc (See WorkCover guidelines); b) The insurer must do so within 21 days if it...
Is an injured worker entitled to wages compensation if s/he is partially unfit for work?
The injured worker can recover “make-up pay” provided the Workers Compensation Commission finds the following i) determines the probable earnings but for injury; ii) determine current earnings or ability to earn on the open labour market; iii) subtract the figure in step ii) from the figure in step i); iv) decide in accordance...
When does an injured worker have to make a claim?
A claim must be made within six months. In any event it is not a bar to a claim for compensation if the failure was occasioned by ignorance, mistake or absence from the state and a claim is made within three years of the injury or death or the claim is not...
Can a claim for damages be made against an employer / worker’s compensation insurer?
A “work injury damages claim” can be made provided the injured worker can establish that s/he has a whole person impairment of at least 15% and the injury resulted from the negligence of the employer. Procedurally, the injured worker must claim and recover statutory lump sum compensation for non-economic loss...