Workers Compensation Lawyers Sydney – FAQ Part 2

Workers Compensation Lawyers Sydney – Frequently Asked Questions: Part 2

Antony Mastrogiannis is Principal and Solicitor at Sydney based firm AM Legal Compensation Lawyers. Antony is a WorkCover Independent Legal Assistance and Review Service approved legal services provider. His experience and expertise has helped build a solid reputation amongst personal injury lawyers and he is renowned for attaining quick positive results for his clients. AM Legal Compensation Lawyers provide compensation services in workcover claims sydney, dust disease claims, public liability claims and motor vehicle personal injury claims.

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 court of competent jurisdiction.

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?

  1. 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);
  2. b) The insurer must do so within 21 days if it accepts liability; c) within one month after the injury becomes fully ascertainable or two months of receipt of all relevant particulars (S281), whichever is the later.

What heads of damage can be claimed in a worker’s claim for work injury damages?

The damages that can be recovered are damages for monetary losses ie economic loss, loss of superannuation, damages representing the amount of tax paid on prior statutory wages benefits.

Antony is principal at AM Legal Compensation Lawyers. Antony is a highly regarded No Win No Fee Compensation Lawyer Sydney and has the expertise and knowledge to get you the best possible results.

This publication is not legal advice. It is intended as a source of information only. No reader should act on any matter without first obtaining professional advice.

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