Workers Compensation for Union Members

  • Overview & Examples
  • What You Need To Know
  • Specialising Lawyers
Make A Claim

Overview

Workers Compensation for Union Members

Any worker part of a union has an entitlement to engage the lawyer of their choice for the purposes of submitting a claim if injured at work. Just as any worker injured at work is entitled to lodge a workers compensation claim. If you, or someone you know, has suffered an injury at work and requires legal assistance – our team of expert workers compensation lawyers are ready to assist.

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What You Need To Know

Are you eligible to make a claim?

Any worker injured at work, whether it be a physical or psychological injury, is entitled to lodge a workers compensation claim.


When should you consult a lawyer about making a claim?

Following an injury at work it is important that the worker report the injury at the earliest opportunity. The claim is then required to be passed on by the employer to the workers compensation insurer without delay.

If the insurer accepts the claim, as occurs in most cases, the worker will be paid for periods of absence from work and reimbursed medical expenses.

In the event that the insurer disputes the claim and declines same, a review of the decision can be sought. Should the insurer maintain the decision to decline the claim, proceedings can be brought in the Workers Compensation Commission.


Do I have to pay any legal fees for a Workers Compensation claim?

There are no legal fees payable by an injured worker making a claim for statutory benefits in NSW. All costs are paid by the Workers Compensation Independent Review Office (WIRO). An application is made to WIRO on behalf of the injured worker upon receipt of instructions. Upon approval of the application, WIRO will provide funding which includes payment of all legal costs. WIRO does reserve to itself the power to decline an application for funding if it is of the view that the claim to be prosecuted does not enjoy reasonable prospects of success


Why are Brydens Lawyers the right representation for you?

Brydens Lawyers has for over 50 years been successfully pursuing Workers Compensation claims on behalf of union workers. Brydens Lawyers has a dedicated team of compensation lawyers that specialise in Workers Compensation claims, as well as all other aspects of personal injury law, ensuring our clients receive the maximum compensation to which they are entitled. Our team of expert lawyers are ready and willing to assist all union members when it comes to all aspects of their workers compensation claims together with any other employment matters requiring expert legal advice and representation.

For over 50 years now Brydens Lawyers has been operating a ‘No Win – No Fee’ policy which, simply put, provides that if a personal injury or compensation client is unsuccessful in their claim, Brydens Lawyers will not raise a tax invoice for having acted on behalf of the client. That is, if the personal injury claim is unsuccessful we do not get paid. The provisions regarding costs in a workers compensation claim is set out more fully below. More information about how all of this works can be found on our No Win – No Fee page.

In addition to Workers Compensation claims, Brydens Lawyers is a full-service law firm- other legal services offered include all personal injury law matters including medical negligence claims, motor vehicle accident claims, public liability claims, superannuation and TPD claims.

No matter what your time of need calls for, our team of specialised lawyers are ready


What are you able to claim?

The Workers Compensation Commission has jurisdiction to deal with the following disputes which may arise as between a worker and insurer:

  • Claims for weekly benefits (wages).

  • Allocation of suitable duties following a work injury where there has been disagreement about the type of duties or the extent of the duties to be performed.

  • Medical, hospital and related expenses.

  • Liability and quantum of claim for permanent impairment compensation.

  • Pain and suffering compensation which is available for exempt workers.

  • Compensation for death of a worker.

  • Compensation for damage to any personal property.

  • Compensation for domestic assistance required by the injured worker.

  • Degree of permanent impairment resulting from the injury.


What is your next step?

Simply call Brydens Lawyers on 1800 848 848 and or go online and book an appointment to discuss your matter with a workers compensation specialist. Alternatively, to make a free* initial consultation over phone, Skype, or Zoom, click here to be directed to our bookings scheduler.


Testimonials

Brydens Lawyers were the only people to stand by me offering support and encouragement to get me through my injury. I have been a client since 2016, and the service has been amazing throughout both of my cases. Without Brydens Lawyers I wouldn’t have gotten anywhere near the results that were achieved. I can’t thank them enough.

Sue from Sydney, a client of our Workers Compensation division

Thank you so much for helping out with my case over the last few years. Henry Zhang was extremely helpful. Without his referral, this case would not have been possible. Silva Ishac was also instrumental in helping secure this case in my favour- thank you so much for your unwavering commitment and support.

A client of our Workers Compensation division

Meet the team that specialise in

Workers Compensation

Meet the Team
Bandeli (Lee) Hagipantelis
Bandeli (Lee) Hagipantelis

Principal

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John Matthews
John Matthews

Senior Associate - Practice Manager – Workers Compensation Division

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Andriana Hagipantelis
Andriana Hagipantelis

Senior Lawyer

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Phoebe Herrera
Phoebe Herrera

Lawyer

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Matthew Rowland
Matthew Rowland

Lawyer

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Xiangan (Natalie) Nie
Xiangan (Natalie) Nie

Lawyer

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Danny Yassine
Danny Yassine

Lawyer

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Ashli Joudo
Ashli Joudo

Senior Associate - Practice Group Manager

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Paul Henderson
Paul Henderson

Associate

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Jonny Aghayan
Jonny Aghayan

Lawyer

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Ready to make a claim?
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We're here to assist you in claiming the compensation you deserve on a No Win, No Fee* basis. Enquire now to start your claim today. *Conditions apply.

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Frequently Asked Questions

Do I have to pay any legal costs for a Worker’s Compensation claim?

There are no legal fees payable by an injured worker making a claim for statutory benefits in NSW. All legal costs are paid for by the Workers Compensation Independent [Review Office](https://iro.nsw.gov.au/) (WIRO). An application is made to WIRO on behalf of the injured worker. Upon approval of the application WIRO will provide funding which includes payment of all the legal costs. If for whatever reason WIRO will not provide funding, then in all likelihood the matter will not proceed. For example, WIRO will not provide funding for any compensation claim that does not enjoy reasonable prospects of success.

How long will my workers Compensation claim take to complete?

Most claims will take between 6 to 12 months to complete. However, not all claims are the same. For a matter to be completed, it needs to be ensured that the injuries sustained by the worker have stabilised to enable a proper assessment of entitlements/compensations to be made.

What do I have to do when I go to the Workers Compensation Commission?

On the hearing of a workers compensation claim in the Workers Compensation Commission (now known as the [Personal Injury Commission](https://www.pi.nsw.gov.au/)), evidence is generally provided by way of a written statement from the injured worker. Typically, the injured worker does not have to give evidence in person. The statement produced from the injured worker sufficiently sets out the circumstances of the injury and how the injury has impacted the injured worker. In particular, their ability to undertake and perform their normal work duties. The Arbitrator, who is appointed to determine the matter, will decide based upon the materials presented to them. This will include not only the statement of the worker, but also the medical evidence that is to be relied upon. Representations are then made by way of submissions on the injured worker’s behalf. The Arbitrator will then reach a decision.

What compensation can I receive in a workers compensation claim?

If successful, you may be entitled to weekly compensation benefits (wages) for any loss of time from work as a result of the injury. You are also entitled to recover the cost of all and any reasonable medical treatment. Finally, as an injured worker, you may claim a lump sum of compensation for any pain and suffering experienced, so long as they can establish that the degree of whole person impairment resulting from the injury is at least 11%.

What do I have to do in preparation for my workers compensation claim?

Preparation for your worker’s compensation claim includes providing your solicitor with full and continuing instructions regarding the nature of your injury and how ite has impacted you. This can range from not only your ability to perform your work duties, but also lead an ordinary life and its overall quality. Injured workers also need to attend any medico-legal assessments which are arranged by their solicitor or the insurance company. Following the commencement of proceedings in the Workers Compensation Commission, a telephone conference is appointed. The injured worker must attend upon that telephone conference with their solicitor. It is the solicitor who will address the Arbitrator. If the matter is not capable of resolution at that time, then an Arbitration Hearing will be appointed, and the injured worker will again need to attend.