Workers compensation lawyers

Workers compensation claims:
Your rights, our fight

If you have been injured at work in NSW, you may be eligible to claim for weekly payments, medical expenses and lump sum payouts.

The workers compensation scheme in NSW operates on a no-fault basis, allowing you to make a claim irrespective of who was responsible for your accident.

Our team of personal injury and workers compensation lawyers are experts with 35 years of experience in winning claims. We can provide you with the advice you need to gain the maximum compensation for your claim on a no-win, no-fee basis.

Why Choose Gerard Malouf & Partners

Years Experience

98 %

Success Rate

$ 4 bn

In Claims Won

Understanding workers compensation claims

Workers compensation is a mandatory insurance scheme that protects employees who suffer work-related injuries or illnesses. It is a no-fault system, meaning you don’t need to prove that your employer was at fault for the injury in order to be eligible for compensation. While each state operates its own scheme, all are designed to support injured workers through their recovery and return to work.

While contractors and subcontractors typically have different coverage requirements, most employees are covered, including:

Full-time employees
Part-time employees
Apprentices
Some casual workers
Certain volunteers (depending on the scheme).

Each state maintains its own workers compensation authority:

The process for initiating a workers compensation claim is largely similar across jurisdictions. To begin, you must:

1. Report the injury

Notify your employer immediately
Record incident details
Seek medical attention

2. Undergo medical assessment

Obtain a work capacity certificate
Follow recommended treatment
Keep records of medical documents

3. Lodge your claim

Submit within the required timeframes (typically 3 to 6 months)
Include all supporting documentation
Your employer must forward to their insurer

4. Have your claim assessed

The insurer will review your claim (typically 21 days)
May request additional information
Decision made to accept or reject the claim.

We're here to help.

What is a work injury damages claim?

A work injury damages claim, also known as a common law claim, is a legal action taken against an employer when their negligence has resulted in a worker’s injury. Unlike standard workers’ compensation claims, work injury claims allow you to seek additional compensation for pain, suffering, and loss of future earnings. It is usually delivered as a lump sum payment.

These claims are particularly relevant in the building and construction industry, where the risk of serious injury is higher due to the nature of the work.

Eligibility for workers compensation

You may be eligible for workers compensation if you’ve been:

Physically injured at work
Developed a mental health condition due to work
Diagnoses with a work-related disease
Experienced aggravation of a pre-existing condition
Injured during work-related travels or breaks
Hurt while commuting to or from work.

Depending on your injury and circumstances, you may be entitled to:
1. Weekly payments

Up to 26 weeks of wage replacement
Payment rates vary by state and injury severity
Partial incapacity payments if returning on reduced hours

2. Medical benefits

Treatment and rehabilitation costs
Travel expenses for medical appointments
Home care and modifications
Medical aids and equipment.

If you have a permanent impairment, you may be able to claim a lump sum payment. You typically require the following whole-person impairment rating to be able to claim:

NSW: 11% whole-person impairment (WPI) threshold
VIC: 30% WPI
QLD: Lump sum compensation for permanent impairment is based on the degree of permanent impairment (DPI)
ACT: No specific threshold, assessed case-by-case
All other states: 5% WPI threshold.

For more serious injuries, you may be eligible for a work injury damages claim (common law claim) if:

Your injury resulted from employer workplace negligence
You meet the state’s permanent impairment threshold (in NSW, this is 15% WPI)
You’ve received all statutory lump sum benefits first.

Even if you’re uncertain about claiming or what you may be eligible for in compensation, we encourage you to reach out. Our free initial consultation means you have nothing to lose by exploring your options.

Factors affecting compensation

Many factors affect the amount of compensation you may be awarded, including:

The severity of your injury
Extent of permanent impairment
Impact on work capacity
Long-term prognosis
Pre-injury earnings
Length of employment
Return to work prospects
Claim type (statutory benefits through workers compensation or a common law claim).

At GMP Law, we’re committed to helping you understand your rights and options. We’ll work tirelessly to ensure you receive the maximum compensation you’re entitled to under the law.

No Win No Fee

Fee transparency that you can trust

At GMP Law, we’re committed to ensuring you have nothing to lose.
If we don’t win your case, you won’t pay a cent for our services. This means you can focus on healing without worrying about legal costs.

How it works

No upfront costs

No contingency fee

We’ll only charge you if we win.

We maintain integrity by carefully evaluating each case. If we believe it’s unlikely to result in compensation or if the costs outweigh the benefits, we won’t take it on.

This commitment to our client’s best interests, as well as fee transparency, sets us apart from other law firms.

With a 98% success rate and over $4 billion in settlements, we’re dedicated to delivering exceptional results for our clients.

Frequently asked questions about workers compensation

What if my workers compensation claim is rejected?

If your workers compensation claim is rejected, you have the right to challenge the decision through a formal appeals process. This process typically involves submitting additional evidence to support your case and, in some instances, attending tribunal hearings.

We can guide you through every step of this process—helping you gather the necessary documentation, working with medical professionals to strengthen your claim, and representing you at hearings to ensure your case is heard. Our goal is to help you secure the compensation you deserve.

What is the difference between statutory and common law claims in workers compensation?

Statutory and common law claims are both pathways to compensation for workplace injuries, but they differ significantly in terms of eligibility, process, and potential outcomes.

Statutory claims: These claims are based on the workers compensation system, which operates on a “no-fault” basis. This means that you do not need to prove that your employer was negligent for you to be eligible for benefits. Statutory claims typically cover medical expenses, rehabilitation costs, and a portion of lost wages, with defined benefits and time limits. The focus is on ensuring that workers are compensated for their injuries, regardless of fault.
Common law claims: In contrast, common law claims require proving that your employer was negligent and that their actions (or failure to act) directly caused your injury. Because these claims are based on negligence, they are often more complex and can take longer to resolve. However, if successful, common law claims can result in significantly higher compensation, including damages for pain and suffering, loss of future earnings, and more extensive economic losses.

GMP Law offers free initial consultations to help individuals explore their options. Our experienced lawyers can guide you through the complex process of evaluating your situation and estimating your compensation claim.

Can I choose my own doctor for workers compensation?

Yes, you have the right to choose your treating doctor for your workers compensation claim. Your treating doctor will play a key role in managing your recovery and providing medical reports to support your claim.

However, it’s important to note that the insurer may request independent medical examinations during the process. These independent assessments are conducted by a doctor chosen by the insurer to assess the extent of your injury and verify your treatment progress.

Can I claim workers compensation if I have a pre-existing condition?

Yes, you can still claim workers compensation if you have a pre-existing condition, but to be eligible, you must prove that your work-related injury or circumstances have aggravated or worsened your pre-existing condition.

It’s important to provide medical evidence showing the link between your work and the aggravation of your condition. In some cases, you may need to undergo an independent medical assessment to determine the extent of the aggravation.

Justice for victims injured at work

At GMP Law, we’ve successfully represented clients from various walks of life, processing claims for injuries sustained at work and processed through workers compensation.

$550,000 compensation for injured labourer despite a pre-existing condition

Background

A labourer suffered a workplace injury after falling from a ladder, aggravating a pre-existing knee condition. Despite having an inconsistent work history and previous knee issues, we sought for our client to receive fair compensation for his workplace injury.

The challenge

Pre-existing knee condition
Questions about contributory negligence
Inconsistent prior work history
Complex simultaneous statutory and common law claims.

GMP Law’s approach

Secured comprehensive statutory entitlements (workers compensation) including:

Medical and travel expenses
Weekly compensation during incapacity
$7,000 retraining program funding
$30,000+ impairment lump sum payment

Pursued common law claim after establishing 15% WPI
Argued for safer work systems despite the client’s potential contribution to the accident
Continued negotiations after initial mediation
Secured substantial common law settlement.

Outcome

We secured a total compensation of $550,000. Including statutory benefits and a $250,000 common law (work injury damages) settlement. This provided our client with financial security and career transition opportunities.

$600,000 settlement for warehouse worker’s complex injury

Background

A young father working as a process worker/store person in a warehouse suffered a serious lumbar spine injury from repetitive heavy lifting, leading to both physical and psychological impacts.

The challenge

No specific incident caused the injury
Complex physical and psychiatric injuries
Impact of the injury on his new family responsibilities in his personal life
Ongoing total incapacity after surgery.

GMP Law’s approach

Successfully challenged the insurer’s attempt to cease weekly payments
Secured lump sum payment for permanent impairment
Established unsafe work systems through:

Demonstrated inadequate rotation systems
Highlighting insufficient staffing
Identifying inadequate break scheduling

Pursued both statutory and common law claims
Advocated for full compensation considering family impacts.

Outcome

Successfully secured nearly $600,000 in total compensation from both statutory entitlements and a common law (work injury damages) claim. This provided crucial financial support for our client and his young family.

Real cases, real results

The compensation claim process: Your journey with GMP Law

We understand that the legal process can feel overwhelming, especially when you’re dealing with pain and recovery. At GMP Law, we’re here to guide you every step of the way:

Initial consultation

We’ll listen to your story, assess your case, explain your rights, and discuss potential compensation – all at no cost to you.

Evidence gathering

Our team will meticulously collect medical records, witness statements, and expert opinions to build a strong case.

Claim submission

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Negotiation

We’ll handle all the paperwork and file your claim with the relevant insurance company or court.

Court representation

If necessary, we’ll represent you in court, fighting tirelessly to ensure you receive the compensation you deserve.

Ongoing support

We’re here to address any questions or concerns that arise along the way.

Our promise to you

Why trust GMP Law with your workers compensation claim?

At GMP Law, we handle your claim so you can concentrate on what matters most: your recovery.

We commit to

Clear, straightforward communication

Regular updates on your case as it progresses

A personal injury lawyer who understands your unique situation

Vigorous negotiation to maximise your compensation

Empathetic support throughout your journey

Specialised knowledge

Our accredited personal injury lawyers have years of experience in accident injury claims, giving us deep insight into the nuances of these claims.

Proven track record

We’ve successfully secured substantial compensation for numerous clients with a high success rate.

Difficult case policy

Our experienced team of senior lawyers and management closely oversees challenging cases to ensure optimal outcomes for our clients seeking accident injury compensation.