Workers Compensation Archives

As workers compensation lawyers based in Sydney, on our website, we talk about your entitlements when you are injured at work, which are known as statutory benefits. One entitlement that you can claim, if eligible, is known as lump sum compensation for permanent impairment.

But what do these big words mean?

Say you are injured at work. Since the date of your injury, you have been getting treatment in the form of physiotherapy, general practitioner and specialist consultations, rehabilitation and been taking medication for your pain. Or, you have had surgery and have consulted your specialist who has told you that your injuries are now stabilised. This means that your condition has reached maximum medical improvement (“MMI”) – in other words, that you have recovered as much as you are going to, and your condition is not expected to improve significantly with further medical treatment.

Then what’s next?

This means that your injuries can be assessed for permanent impairment, also known as whole person impairment (“WPI”). Once your injuries are stabilised, we arrange a medical assessment on your behalf, where a specialised medical assessor will assess your injures and provide us with a report which includes a WPI rating. Based on this report and the medical evidence we obtain as part of your claim, we then submit the lump sum permanent impairment claim on the workers compensation insurance company on your behalf.

In order to receive lump sum compensation for your permanent impairment, you would need to be assessed at 11% WPI or over. There is no permanent impairment compensation payable for a degree of WPI of 10% or less.

How much is the permanent impairment payout in NSW?

It all depends on your assessed level of permanent impairment.

As detailed in section 66 of the Workers Compensation Act 1987 (NSW), the Workers Compensation Benefits Guide is a helpful guide that indicates what you would expect to be paid for your injuries. For example, if you were injured between 1 July 2024 to 30 June 2025, compensation amounts payable for an injury resulting in permanent impairment are as follows:

Degree of Permanent Impairment	Payout Figure
0 – 10 %	$0 (no entitlement)
11% – 30%	Ranging from $28,840.00 – $100,470.00
31% – 50%	Ranging from $106,560.00 – $224,550.00
51% – 55%	$310,580.00
56% – 60%	$396,570.00
61% – 65%	$482,560.00
66% – 70%	$568,550.00
71% – 74%	$654,540.00
75% – 100%	$740,550.00

(These are amounts payable for permanent impairment injuries received from 5 August 2015 onwards to date) Source: State Insurance Regulatory Authority, Workers compensation benefits guide, Table 37, as at October 2024

To put it in perspective, if you were injured on 1 July 2024, you have been assessed by a medical assessor at 21% WPI, you are expected to receive lump sum payment in the sum of $66,540.00.

But… is that it?

Yes…

If you are assessed by a medical assessor at 0% to 10% WPI, unfortunately, you are not eligible for lump sum compensation.

Maybe..

If you are assessed by a medical assessor at 11% to 14% WPI, you are entitled to lump sum compensation only.

No.

If you are assessed at 15 to 20% WPI, you are entitled to pursue a work injury damages claim and recover loss of earnings up to retirement age, which can be a very high amount.

If you are assessed at 21% WPI or over, you are considered a worker with “high needs”. Not only are you entitled to make a claim for work injury damages claim, which gets you are significant amount of money, you are also entitled to choose not to pursue a work injury damages claim and remain on the workers compensation scheme, where you will be paid your weekly payments until retirement age and medical treatment expenses for life.

Who pays the lump sum compensation payment?

The workers compensation insurer pays for it. It is also important to remember that the insurance company must first agree to your level of impairment before paying your lump sum compensation. They may decide to have you assessed by their own medical assessor. If a dispute arises in relation to your level of impairment, the matter may be referred to the Personal Injury Commission for a permanent impairment dispute. Whatever the outcome may be, we will guide you during the process and provide you with expert advice, assurance and support from the outset of your claim.

Am I eligible for lump sum payment for permanent impairment?

Yes, you are eligible for lump sum compensation payment if you are assessed at 11% WPI or over.

During the outset of your claim, the expert team at Trump Lawyers guides you as follows:

Advise you on the workers compensation claims process and how it applies to the specific circumstances of your claim,
Request updates from you in relation to treatment and recovery,
Obtain medical evidence from your treatment providers and specialists,
Arrange a medical legal examination and lodge a lump sum permanent impairment claim.

Do not take on workers compensation insurance on your own. Our experienced legal team has the skills and knowledge necessary to act on your behalf every single process of your claim. Please feel free to reach out to our expert team by contacting us on 02 9724 2549 or submitting the online form here.

Diana Joseph Solicitor P: 02 9724 2549

TLDR: We go above and beyond.

At first, the workers compensation system can sometimes feel overwhelming and complex, especially when you are dealing with the physical and emotional toll of a serious workplace injury. At Trump Lawyers, we specialise in helping injured workers in New South Wales secure the benefits they deserve.

This article will hopefully show you how we offer support and value to our clients:

Comprehensive Legal Support

1. Expert Case Management

Personalised Attention: We understand that each client’s situation is unique. Our dedicated solicitors take the time to get to know you and your case, developing a customised strategy that addresses your specific needs and circumstances.
Detailed Documentation: Proper documentation is critical to a successful claim. We ensure that all paperwork is meticulously prepared, accurately reflecting your injury, medical treatments, and any necessary details to support your claim. This helps to prevent common pitfalls that can cause delays or denials.

2. In-Depth Knowledge of Workers’ Compensation Laws

Specialised Expertise: Our team possesses extensive experience and deep understanding of NSW workers’ compensation legislation, allowing us to navigate the legal landscape with precision and confidence.
Continuous Learning: Laws and regulations evolve, and so do we. Our solicitors regularly update their knowledge and skills to stay ahead of legislative changes and emerging case law, ensuring that you receive the most current and effective legal advice.

Maximising Your Benefits

3. Ensuring Full Compensation

Accurate Benefit Calculations: We calculate your weekly payments, ensuring they reflect your true entitlements. We consider all relevant factors such as pre-injury earnings, employment history, and medical reports to maximise your compensation.
Permanent Impairment Claims: Achieving a fair assessment of permanent impairment is crucial. We guide you through every step, from selecting the right medical assessors to ensuring that all necessary documentation and evidence are presented effectively to support your claim.

4. Handling Medical and Rehabilitation Costs

Access to Quality Care: We understand the importance of receiving quality medical care. We connect you with leading medical providers who specialise in workplace injuries, ensuring that you get the best possible treatment.
Approval for Treatments: Delays in treatment can hinder recovery. We advocate on your behalf to ensure you receive approval for all necessary medical treatments, surgeries, and rehabilitation services.

Specialised Knowledge in Permanent Impairment Assessment

5. Achieving the Crucial 15% Threshold

Maximising Your Entitlement: In NSW, an injured worker cannot pursue a work injury damages claim against their employer unless they achieve a permanent impairment of 15% or more. The difference between a 14% and 15% impairment can equate to hundreds of thousands of dollars in compensation.
Expert Assessment: Our knowledge in assessing permanent impairments means we provide you with the best tools and strategies to enhance your chances of achieving the 15% threshold. This includes liaising with professional medical experts, carefully preparing evidence, and presenting a compelling case to ensure you receive the maximum possible benefits.

Emotional and Psychological Support

6. Alleviating Stress

Communication Management: Dealing with insurers and employers can be stressful. We take over the communications, ensuring that your case is not overlooked by the insurer, presented accurately and professionally while you concentrate on your recovery and treatment.
Support Services: Injuries often take a toll on mental health. We can connect you with psychological support and counselling services to help you manage the emotional impact of your injury and the claims process.

Streamlined Return to Work

7. Facilitating a Smooth Transition

Suitable Duties Negotiation: Returning to work after an injury requires careful planning. We liaise with your employer to ensure that the duties you are assigned match your medical restrictions, reducing the risk of further injury and supporting a safe return to work.
Workplace Accommodations: We work to secure necessary accommodations and modifications in your workplace, such as ergonomic adjustments or flexible working hours, so that you can return to work smoothly.

Efficient Dispute Resolution

8. Challenging Unfavourable Decisions

Internal Reviews and Appeals: If you receive an unfavourable work capacity decision, we guide you through the process of requesting an internal review. If necessary, we escalate the matter to a merit review by the State Insurance Regulatory Authority (SIRA) and ensure your case is thoroughly examined.
Representation Before the Personal Injury Commission (PIC): Our skilled solicitors represent you in disputes and appeals before the PIC. We present compelling arguments, supported by evidence, to protect your entitlements.

Cost-Effective Legal Services

No Win, No Fee: We understand that financial pressures can be overwhelming, especially when you are unable to work. Our “No Win, No Fee” arrangement ensures that you can access high-quality legal representation without any upfront costs. You pay only if we win your case.
Transparent Fees: We believe in transparency and honesty. Our fee structure is clear, with no hidden charges, so you know exactly what to expect.

Why Choose Trump Lawyers?

Choosing the right legal representation can make all the difference in the outcome of your workers compensation claim. At Trump Lawyers, we are committed to:

Client-Centric Approach: Your needs and well-being are our top priorities. We provide personalised, respectful and compassionate services to ensure you feel supported every step of the way.
Proven Track Record: We have a history of successfully securing maximum benefits for our clients. Our expertise and dedication translate into positive outcomes and satisfied clients.
Comprehensive Services: From the initial consultation to the final resolution, we provide end-to-end legal support, ensuring that every aspect of your claim is handled with the utmost care and professionalism.

Contact Us Today!

Don’t do this alone. If you or a loved one has been injured at work, contact the friendly team at Trump Lawyers today for a free consultation and let us help you secure the benefits you deserve. Our expert team is here to support you every step of the way, providing the guidance, advocacy, and expertise necessary to achieve a successful outcome.

Joseph Yousif Principal Solicitor P: 02 9724 2549

Construction accidents can result in traumatic and long-lasting injuries. Like any employer, any owner of the construction site you are working on have an obligation to eliminate all potential hazards and risks on the particular work/job site. Unfortunately, accidents still happen. Construction sites come with daily safety hazards, as they are extremely hazardous environments to work in and a wide range of injuries can occur.

The leading causes of injuries at construction sites may include, but are not limited to, the following:

Working at elevated heights, which exposes construction workers to the risk of falls, whether from scaffolds, ladders, or roofs.
Being struck by falling objects, such as tools, equipment, or building materials or caught in or between objects,
Heavy lifting, repetitive movements, and prolonged manual labour and physical exertion,
Operating heavy machinery, such as cranes, forklifts and bulldozers,
Electrocution,
Being exposed to toxic and/or hazardous chemicals,
Using defective equipment, machinery and/or tools which may lead to injuries.

It has been reported by SafeWork NSW that falls from heights are the leading cause of traumatic injuries and fatalities in the NSW construction industry, closely followed by contact with electricity. In the construction industry alone, 15,600.00 “serious claims” were lodged in the years 2021 to 2022. Serious claims include all workers compensation claims that result in a total incapacity from work of one working week or more (Safework NSW, Key Work Health and Safety Statistics Australia, 28 September 2023).

THE WORKERS COMPENSATION SCHEME

In NSW, the Workers Compensation Act 1987 (NSW) provides a framework to address such incidents, offering support and compensation to workers who sustain injuries while on the job. If you would like to know more behind the process of workers compensation claims in NSW, you can find more information on our website here. The expert Team at Trump Lawyers represent construction workers and help them ensure they receive the compensation they deserve while working to help them get the best result possible while maintaining high standards of ethics, care and professionalism.

So what happens when you are injured while working on a construction site?

If you have been injured while working at a construction site, the initial step is to report the injury to your employer as soon as possible and seek medical attention for your injuries.

The NSW workers compensation scheme is a no-fault system providing workers with financial benefits after suffering injuries at work. Injured workers are entitled to compensation in the form of weekly (wage) payments, medical, hospital and rehabilitation expenses, domestic assistance and lump sum compensation for permanent impairment if your injuries are assessed at 11% whole person impairment (“WPI”) or more. This is the initial stage of a workers compensation claim and the scheme is designed to provide quick and effective relief to injured workers without the need to prove fault on the part of the employer.

Can you sue for negligence if you were injured on a construction site?

That depends. While the workers compensation scheme is no fault, you may still have the option to sue for negligence if you have been assessed with a permanent impairment of 15% and above, which is known as a Work Injury Damages (“WID”) claim. A negligence claim may provide compensation for past and future loss of income (economic loss) as well as past and future loss of superannuation.

Serious Injuries and Claims Beyond Workers’ Compensation

Total and Permanent Disability (“TPD”) insurance is designed to assist workers who are unlikely to return to work due to their injuries, providing a lump-sum payment that can support their financial needs. For more serious and permanent injuries, it is also possible to make a TPD claim through your superannuation fund, particularly if you have Total and Permanent Disability (“TPD”) coverage.

What many construction workers do not know is that depending on the circumstances of the accident, it is also possible to sue against a third party other than your own employer if it could be established that the third party had any responsibility and played a role in your injury. For example, you may pursue a public liability claim if you injured yourself on the premises of the company that hires workers from a labour hire agreement that it may have entered into with your employer (known as the “host employer”).

If you were injured at a construction site while using a tool or defective equipment, you may also have a product liability claim against the manufacturer of the product. This can be a complicated area of law which may involve complex liability issues so you should not hesitate to explore your options with the help of a specialised personal injury lawyer.

Case Study – $1,100,000.00 received in compensation after a traumatic construction injury

CASE SUMMARY

We acted for a client who was involved in a traumatic injury at a construction site. He was working at a height of 7 metres and was crushed by two large steel mesh security screens. Our client sustained significant injuries to his left ankle and was taken by ambulance to hospital where he had surgery to repair his left ankle. He also suffered consequential injuries to his lower back and severe scarring.

Our client had initially instructed another law firm to represent him in a lump sum permanent impairment claim. He was assessed by a specialist medical assessor arranged by his previous solicitors at 11% whole person impairment (“WPI”). He would receive $23,790.00 clear to him based on this permanent impairment rating. Clearly, for an individual suffering significant injuries of a permanent nature, this outcome was not very favourable to our client. Not only was he limited in the compensation he would receive, but based on this permanent impairment rating, he would not be able to sue his employer for negligence by pursuing a work injury damages claim. The claim would have ended there.

It seemed that all hope was lost and that was the end of it. But that was far from the truth.

Dissatisfied with this outcome, our client came to our firm seeking a second opinion. After conducting a thorough review of the case and evidence, we were of the view that a medical re-assessment from another qualified specialist was required. Our client was re-examined, and his injuries were assessed at 16% whole person impairment. This not only entitled him to lump sum compensation in the sum of $39,340.00, but also opened up the path of pursuing a work injury damages claim against his employer.

Suing the employer for negligence

With the new permanent impairment assessment, we moved forward and made a claim against his employer for work injury damages, arguing that the injuries were sustained as a result of their negligence. The case involved the following process:

Obtaining further evidence in the form of medical records, medical reports, financial loss documents and statements from the client and loved ones,
Obtaining further detailed evidence to show the employer failed to maintain a safe working environment.

After extensive preparation of the matter, we highlighted the impact the traumatic injuries had on our client’s social life, personal life, work life and quality of life, including his ability to earn an income. After negotiating with the insurance company, the case was settled for $1,100,000.00 which our client was very pleased and satisfied with.

This success shows how important it is to have proper legal representation in work injury damages claims. If you are not happy with an outcome it is always good to seek a second opinion. For those suffering from workplace injuries, including injuries sustained in the construction industry, finding an experienced lawyer who can guide you smoothly through the process of personal injury law is not just an option—it is a necessity for appropriate and fair compensation.

At Trump Lawyers, our team are experts in Workers Compensation claims and we often assist our clients with their lump sum compensation claims to ultimately pursue a work injury damages claim. Your claim is run with precision and a great amount of attention to detail to obtain the maximum settlement amount to compensate you for the serious injuries you have sustained at work.

Diana Joseph Solicitor P: 02 9724 2549

Video and communications technology in today’s day and age are widely accessible and easy to use. In personal injury claims, video surveillance is now used to assist insurance companies in their assessment and investigations of claims, to confirm or dispute allegations of injuries and restricted functions. They do this by recording you undertaking usual activities of daily living. This may take you by surprise. While some raise concerns of privacy, video surveillance is lawful. But why do insurance companies do it and how is it regulated?

Motor Vehicle Accident Claims

Video surveillance in motor vehicle accident claims is addressed under Sections 4.139 to 4.146 of the Motor Accident Guidelines (‘MAG’), which regulates the way insurance companies can record you. Although an insurance company is at liberty to undertake surveillance footage during the process of a motor vehicle accident claim, certain measures are in place that ensure this is done appropriately and reasonably. For example, the MAG sets a particular standard:

Surveillance occurs only when there is sufficient evidence that indicates exaggeration during a claim or that there is misleading information in a claim, or
The insurance company must reasonably believe that the claim is inconsistent or contrary to any information or evidence in their possession
Surveillance must only be done in public places. The insurance company or the investigator cannot engage in acts of “inducement, entrapment or trespass”.

Recently, on 8 April 2022, the MAG was updated to provide protections for Claimants with mental health conditions. Section 4.146 states that an insurance company can only conduct surveillance of a Claimant only if they have clearly identified any mental health condition in the request for surveillance and have developed a risk management plan to minimise harm to the Claimant’s mental health condition.

Workers Compensation and PUBLIC LIABILITY CLAIMS

Video surveillance in workers compensation and public liability claims are not governed by any legislation or regulations. However, at common law, depending on the circumstances of each claim, a court’s interpretation of surveillance footage is approached in an “extremely cautious” manner. This was discussed in Asim v Penrose & Anor [2010] NSWCA 366, where Tobias JA noted:

“It is well accepted that a judge of fact should be extremely cautious in interpreting photographic evidence (which would include CCTV footage) particularly in the absence of expert evidence.”

Member Mr John Wynyard of the Personal Injury Commission observed in David v Global Logistics – Toll People [2022] NSWPIC 38, at para 86:

“The interpretation of the movements of people being filmed whilst under surveillance is necessarily subjective.”

While this may sound promising, it is also very important to consider that video surveillance can potentially damage a claim and greatly reduce or in some cases entirely prevent an award for compensation if a Claimant is being seen on raw footage, showing greater capacity and functions than they have previously stated in evidence. This is why it is important to be honest and truthful from the very start of your claim regarding your personal circumstances, your injuries and level of disability.

Diana Joseph Solicitor P: 02 9724 2549

It means exactly what it says. If we don’t win your claim for you, we do not charge you ANY costs or disbursements. You will only pay legal costs if we successfully finalise your claim.

If we take on your claim, it means we believe in your claim and we will be fully dedicated to it to the extent that we are willing to invest in it. This alone should give you a lot of comfort when dealing with us and you can be assured that your claim will have our full commitment. After all, if you lose, we lose and if you win, we win, and nobody likes to lose.

The promise of no win, no fee applies to all claims where compensation is being claimed for damage or harm caused by a third party.

The services for which we don’t charge unless we win are:

Engaging Trump Lawyers on a No Win, No Fee Basis

If you decide to engage us in a compensation claim, we will set out the terms of our engagement in a legal document named Costs Agreement which will explicitly state that our costs and disbursements are only payable on the successful completion of your claim.

Client Obligations

If you enter into a No Win, No Fee arrangement with us, your obligations are:

To sign our No Win, No Fee Costs Disclosure and Costs Agreement,
Be honest and transparent when providing instructions to your solicitor,
Advise us immediately if your circumstances change which might impact your claim,
Consider, accept and follow reasonable legal advice,
Remain in constant contact with Trump Lawyers.

More Questions

If you have questions about our fees or another aspect of our services, please feel welcome to contact us  online or by calling 1300 594 872.

Construction of s 39 WCA – Workers are entitled to payments for the period between the discontinuation and resumption of payments after an assessment by an AMS

Hochbaum v RSM Building Services Pty Ltd; Whitton v Technical and Furthern Education Commission t/as TAFE NSW [2020] NSWCA 113 – White & Brereton JJA & Simpson AJA – 17/06/2020

In Hochbaum v RSM Building Services, the Court set aside the orders made by President Phillips on 18/04/2019 be set aside, dismissed the appeal against the decision of the Senior Arbitrator, and reinstated the Senior Arbitrator’s COD dated 7/01/2019. By consent, no cost order was made.

In Whitton v Technical and Further Education Commission t/as TAFE NSW the Court set aside the orders made by President Phillips on 17/06/2019, dismissed the appeal against the decision of the Senior Arbitrator, and resintated the Senior Arbitrator’s COD dated 7/01/2019. It also ordered the respondent to pay the appellant’s costs.

The Headnote reads as follows:

The appellants were two workers who were injured in the course of their respective employment. Each made a claim for compensation, and was in receipt of weekly compensation payments, prior to the introduction of the new workers compensation regime introduced in 2012. The 2012 amendments replaced s 39(1) of the (NSW) Workers Compensation Act 1987 (“the 1987 Act”), which now provides that a worker has no entitlement to weekly payments of compensation after an aggregate period of 260 weeks, whether or not consecutive, in respect of which a weekly payment has been paid or is payable. However, s 39(2) provides that the section does not apply to an injured worker whose injury results in permanent impairment if the degree of permanent impairment resulting from the injury is more than 20%.

Pursuant to the commencement of the legislative regime, the respondents’ insurers ceased paying weekly payments to the appellants with effect from 26 December 2017, being 260 weeks after 1 January 2013. Subsequently, the appellants were assessed as having a degree of permanent impairment resulting from their relevant work injury in excess of 20%. Weekly payments were resumed with effect from the date of the assessment; however, liability to make payments in respect of the period between 26 December 2017 and the date of the assessment was disputed.

In each case, an arbitrator held that the worker was entitled to weekly payments for the disputed period, but both decisions were overturned on appeal by the President of the Workers Compensation Commission, who held that the effect of s 39(2) was to displace s 39(1) only from the date when the worker was assessed to have a degree of permanent impairment resulting from the injury of more than 20%. The applicants, being aggrieved by the decisions of the President of the Commission in point of law, appealed from that holding, as of right, to this Court. The Court found there were two main limbs underlying the President’s decision (which formed the two primary issues considered on appeal); first, that assessment is a precondition to liability given the words of s 39(3); and secondly, that s 39(2) has a temporal aspect as it operates on the state of affairs that obtains at the relevant date.

Held, allowing the appeal:

per Brereton JA (White JA agreeing)

On the proper construction of s 39, the 260-week limit never applies to a worker whose degree of permanent impairment resulting from the relevant injury exceeds 20%, regardless of when that threshold is crossed, and regardless of whether or when it is formally assessed as having been crossed: at [1], [45].

As to the first issue, per Brereton JA (White JA agreeing)

By incorporating Pt 7 of Ch 7 of the (NSW) Workplace Injury Management and Workers Compensation Act 1998, through s 65 of the 1987 Act, the words “to be assessed” in s 39(3) provide the methodology and process by which impairment is to be measured and any dispute about its existence or extent resolved; the words do not mandate that there must have been an assessment before s 39(2) is engaged: at [2], [3], [45], [46], [50], [82].

As to the second issue, per Brereton JA

The date on which an impairment threshold is crossed is not a relevant consideration in any question arising under s 39 of the 1987 Act, and the only relevant question is, what degree of permanent impairment has resulted from the worker’s injury. For the purposes of s 39, while impairment may improve or deteriorate over time, or not be established until long after the injury, it is the final degree of permanent impairment that results from an injury that is determinative of whether the worker is in the exempt class. There can ultimately be only a single degree of permanent impairment that results from an injury; the contrary view is incongruous with the concept of permanency: at [53]-[56].

As to the second issue, per White JA

The degree of permanent impairment ultimately ascertained does not necessarily arise from the date of the worker’s injury. In some cases the worker’s degree of permanent impairment will date from the injury; but in others the ultimately assessed degree of permanent impairment would have been occasioned by later events, such as adverse results of surgery or psychological sequelae, that did not exist earlier: at [8], [9], [11], [12].

per Simpson AJA

It is necessary to go no further than the text of s 39 to resolve the present dispute. Nothing in any of the three subsections of s 39 states, explicitly or implicitly, that removal of the subs (1) bar is dependent upon the date of the assessment of the degree of permanent impairment as distinct from the existence of the degree of permanent impairment. The language of subs (2) points in the opposite direction: the foundation for the removal of the subs (1) bar lies in the existence of a degree of permanent impairment exceeding 20%. Subsection (3) does no more than specify the mechanism by which the degree of permanent impairment is to be assessed; nothing in subs (3) suggests that an assessment may only be prospective. If it were necessary to go beyond the text of s 39, resort to principles of statutory construction would support the same approach: at [90]-[91].