Workers Compensation and Whole Personal Impairment (WPI)
Need a Workers Compensation Lawyer?
Workers compensation claims time limits?
Court Costs – Compensation Law
Criticism from the Courts in relation to the costly nature of all Court proceedings is not lost on our Compensation Law Team at Matthews Folbigg. We know the importance of balancing our duty to you to achieve maximum compensation with a just outcome for all of our clients, including the duty to keep costs to a minimum.
If you have any concerns or require a more information regarding your Personal Injury or Compensation claim, please call our Personal Injury team at Matthews Folbigg:
Matthews Folbigg Pty Limited
10-14 Smith Street
PARRAMATTA NSW 2150
Ph: (02) 9635 7966
Our Personal Injury Lawyers can provide practical solutions and exceptional results in relation to your personal injury claim on a No Win, No Fee basis.
Matthews Folbigg has over 50 years’ experience protecting personal injury and compensation rights of people living in Parramatta and the Hills.
Workers Compensation Claims
Under the Workers Compensation Scheme, if you are injured at work, you can still have a claim for compensation, including:
- Compensation for medical expenses incurred as a result of a work related injury;
- Liability as to whether your injury is work related;
- A Lump Sum payment for permanent impairment, if you satisfy the necessary threshold of 11% Whole Person Impairment.
Due to the changes to the Workers Compensation Law, an injured worker is only entitled to a one-off claim for permanent impairment. However, an injured worker may consider a further deterioration claim if an earlier Lump Sum Claim had been made prior to 19 June, 2012. If you have previously received a Lump Sum Claim, we can discuss.
A Matthews Folbigg Compensation Lawyer can approach the Workers Compensation Independent Review Office (WIRO) for funding as to legal costs. Claimants should note that a claim can only be made by a Lawyer who is WIRO approved.
For further information click on the link following https://www.matthewsfolbigg.com.au/services/personal-injury-compensation/
Personal Injury Lawyer – Motor Accident Scheme
In early 2017, the NSW Government passed significant reforms to the CTP scheme under the Motor Accident Injuries Act 2017.
This new legislation commenced on 1 December 2017. However, the new legislation will only apply to motor accidents that occur after its commencement.
Some of the major changes include:
- All motorists will now be covered by the new act, regardless of who was at fault
- Any involved party who has ‘minor injuries’ will receive statutory benefits such as medical and commercial attendant care, and loss of income benefits for up to six months
- Under section 1.6(1) of the Act, a ‘minor injury’ is defined as being one or more of a soft tissue injury or a minor psychological or psychiatric injury.
- Drivers and other road users who are moderately injured (whole person impairment of 10% or less), will receive medical and attendant care and loss of income benefits for two years.
A personal injury claim for loss of earnings falls under the category of special damages.
Special damages cover out of pocket expenses such as medical expenses and loss of earnings caused by your injury. This is opposed to general damages which covers pain, suffering and emotional harm experienced due to your injury.
Loss of Earnings Claim
In order to prove your personal injury claim, you must produce evidence to show that there has been a genuine loss of wages. These can be shown through past payslips prior to injury.
Your loss of earnings claim will be determined by the court by calculating your average salary through your net monthly wages over the previous 3 months. This will usually be multiplied by the amount of time you have had off work.
Often, people claim that they would have a received a promotion or pay rise but for the incident occurring. This can be proven through witness statements from their employer or a comparison of promotions and pay rises received by colleagues.