Workcover resources – New South Wales (NSW)
NSW WorkCover - This is NSW’s state government body that is responsible for managing the State’s workplace safety, injury management and workers’ compensation programs.
Who can Claim for NSW Workers Compensation Claims?
To claim Workers Compensation in New South Wales you must be established as a NSW worker and have sustained a workplace injury in NSW whether who was at fault.
What are my limitation periods to claim?
To commence proceedings for a Workers Compensation Claim, you have three (3) years from your date of injury to claim. Thereafter, your claim will become statue barred.
What are my legal entitlements for NSW Workers compensation?
NSW Workers Compensation entitlements may include compensation you for:-
- your wages while you are not working,
- rehabilitation costs
- medical treatment that is ongoing
What are my legal entitlements to a Common Law Claim?
In New South Wales your injury has to be completely stabilised to pursue a lump sum claim (aka Common Law Claim) and your work related impairment is over 15% for physical and psychological injuries. Negligence also has to be established from the workplace accident.
What are the benefits pursuing a Common Law Claim?
Pursing a NSW Common Law Claim takes your past and future losses into consideration as well as the pain your have been going through and the agony. The insurance companies does not take these into account which therefore limits your compensation. The Common Law Claim is through the grounds of the legal scheme. Some of the benefits include:
- Past and future pecuniary losses
- Past and future health expenses
- Past and future out of pocket costs
- Pain and suffering.
Resources and links
Injured Workers Support Network
There are well over 100,000 reported injuries to NSW workers every year. Over 30,000 of these, are claims for which the result of injury was permanent disability, temporary disability or death.
Nothing can prepare you for being injured on the job. The work place is somewhere you expect to be a safe environment where you can make a living and return safely to your family at the end of the day. Work injuries have the potential to destroy all you have worked for and even change your circumstances. This impact is felt in all areas of life, including your health and well-being , relationships with family and friends and your financial circumstances. One thing that you may want to do if you have suffered an injury at work is talk to someone else that has been through the same process.
WorkCover benefits Guide April 2011
A very useful document: see it the workcover benefits guide
WorkCover NSW private insurers contracts (2005-2009
According to Wikileaks’ source, these files are important as until now the workers compensation arrangement between insurers and the government has not been transparent!
The scheme agent deeds (2010-2014)
A very important reference document!
- WorkCover New South Wales
- NSW Legislation database: New South Wales
- NSW Anti-Discrimination Act 1977
- Anti-Discrimination Regulation 2009
- Coal Mine Health and Safety Act 2002
- Coal Mine Health and Safety Regulation 2006
- Dangerous Goods (Road and Rail Transport) Act 2008
- Dangerous Goods (Road and Rail Transport) Regulation 2009
- Industrial Relations (General) Regulation 2001
- Industrial Relations Act 1996
- Mine Health and Safety Act 2004
- Mine Health and Safety Regulation 2007
- Rail Safety (Drug and Alcohol Testing) Regulation 2008
- Rail Safety (General) Regulation 2008
- Rail Safety Act 2008
- Work Health and Safety Act 2011
- Work Health and Safety Regulation 2011
- Workers Compensation Act 1987
- Workers Compensation Regulation 2010
- Workplace Injury Management and Workers Compensation Act 1998
- Workplace Surveillance Act 2005
- Workplace Surveillance Regulation 2005
- NSW Case Law
- Judicial Commission
- High Court
- Courts and Tribunal Services
- WCC presidents’ appeals
- Compensation Court austlii
- Law Publishers
Note: Commonwealth legislation and regulations
- Age Discrimination Act 2004
- Asbestos-related Claims (Management of Commonwealth Liabilities) Act 2005
- Fair Work Act 2009
- Military Compensation Act 1994
- Military Rehabilitation and Compensation Act 2004
- Occupational Health and Safety (Maritime Industry) Act 1993
- Occupational Health and Safety (Maritime Industry) Regulations 1995
- Racial Discrimination Act 1975
- Road Safety Remuneration Act 2012
- Safety, Rehabilitation and Compensation Act 1988
- Safety, Rehabilitation and Compensation Regulations 2002
- Seafarers Rehabilitation and Compensation Act 1992
- Seafarers Rehabilitation and Compensation Regulations 1993
- Sex Discrimination Act 1984
- Work Health and Safety Act 2011
- Work Health and Safety Regulations 2011