WORKERS COMPENSATION
Workers Compensation in New South Wales is
governed by the state government.
It provides benefits for
workers who sustain workplace injuries.
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to view a summary of your rights]
These benefits include:
- weekly benefits
- lump sums for permanent incapacity and pain and
suffering
-
medical expenses
-
rehabilitation expenses
Workers Compensation
Fact Sheets
Make sure you know the facts about Workers
Compensation, and how it works in NSW after a worker is
injured.
How the CFMEU helps
members with Workers Compensation
Our legal officer can assist with workers compensation.
As well as providing assistance we will liaise with the
insurance company and the employer to make sure that
proper benefits are paid and that the injured worker is
provided with suitable duties and rehabilitation.
Workers Compensation
Tips
Please Note: this advice is for residents of
NSW only - legislation differs from state to state.
The CFMEU can assist you with your workers
Compensation claim.
Also, the Unions solicitors, Taylor & Scott have offices
at Lidcombe, Sydney, Wollongong and Newcastle.
Injured members are encouraged to talk to the Union
solicitors to ensure maximum benefits are obtained.
Notifying an Injury
Any injury at the work place should be recorded in the
site and/or company accident book, even if it does not
initially seem serious. Every site must have a site
accident register.
You should see the first aid officer, and a doctor, if
medical attention is required and obtain a WorkCover
Medical Certificate. Even if you do not have time off
work you should let your doctor know it is a work
related injury.
Once you have notified your employer he/she is required
to notify their insurer within 48 hours. They are also
obliged to provide the information regarding their
insurance details, such as name of insurer and policy
number, to you.
Once a claim has been notified to the insurer it will be
given a claim number. The insurer may require that a
claim form is lodged.
IMPORTANT:
All accidents should be reported to your CFMEU
organiser or the Union office.
Any accident involving a motor vehicle
(registered or unregistered) has to be
immediately reported to the police, otherwise an
injured worker may lose their legal rights.
Any accident resulting in a death must be
reported to the police immediately. |
Provisional Liability Benefits
Once an insurer is notified it must commence payments of
weekly benefits within 7 days. This can be done on a
provisional basis i.e. before liability has been
formally accepted. The insurer can refuse to make
provisional payments if they have a reasonable cause.
You are entitled to receive provisional payments of
weekly benefits of up to 12 weeks. You may also be
entitled medical expenses on a provisional basis.
Weekly Compensation and Medical expenses
When a claim has been accepted you will receive
weekly benefits. The amount paid depends on the period
of incapacity and whether you are fully, or partially,
unfit for work. There are also different benefits if you
are doing suitable duties. Ring the Union to check if
your payments are correct.
For casual employees:
The amount of workers compensation is calculated
differently. If you are a casual you need to ensure you
are not underpaid. You should ring the Union solicitors
now to check your payments are correct.
Medical Expenses: You are also
entitled to reasonable medical expenses and
reimbursement for travel to medical appointments and
treatment
Productivity Allowance: If you
are covered by a Union Enterprise agreement, your
productivity allowance is payable as part of your
workers compensation for the first 26 weeks on workers
compensation
Rehabilitation
Employers must have in place an injury management and
return to work plan to manage workers compensation
claims. You can choose your own rehabilitation
provider. MEND, a rehabilitation provider, is
located at the Union office with expertise in the
building and construction industry. For more information
about contact MEND on (02) 8745-5300
Long Term Injury and Lump Sums
If you suffer a permanent injury you may be entitled to
lump sum benefits.
If you are seriously injured you may be able to sue your
employer, or another party for negligence.
Death Benefits
Where a worker suffers a fatality due to work, a death
benefit of $425,000 is payable to their family or their
estate. Ongoing weekly payments are made to dependent
children. A funeral benefit is also payable.
The family of a loved one killed at work can join the
Workplace Tragedy Family Support Group for support.
You can contact the Workplace Tragedy Family Support
Group on (02) 9749 0406.
Other Issues
Waiting for a claim to be accepted:
You are entitled to be paid any unused sick leave,
accumulated RDO's, or holidays whilst waiting for an
insurer’s decision. Once the claim is accepted your
employment record should be re-credited.
Records: You should try and
keep copies of all forms completed and medical
certificates obtained.
Doctor: You must nominate your
treating doctor. You have the right to choose your
own doctor. Failure to cooperate with a rehabilitation
program may result in benefits being stopped.
Dismissal: If you are in
receipt of workers compensation you cannot be dismissed
from your employment because you are unfit for work
within 6 months of first becoming unfit. Depending on
the circumstances, if you are terminated, you may be
able to challenge your termination. You should contact
the Union immediately if your employment is terminated.
Public Holidays: Workers on
workers compensation, who are covered by the Building
and Construction General On-site Award 2010, should
receive additional payment for public holidays which
occur whilst the worker is off.
Entitlements Accruals
Whilst on Workers Compensation and you remained employed
with your employer, but are not fit for work, you
accrue:
- ACIRT-if your employer makes contributions for
redundancy into ACIRT these contributions continue
for the first 26 weeks.
- CBus-contributions whilst you remain employed if
covered by the Building and Construction General
On-site Award 2010 capped at 52 weeks.
- Annual Leave- accrual of annual leave will
depend on whether you are covered by an enterprise
agreement or the National Employment Standards. You
should contact the Union for more information.
If you have accrued annual leave entitlements and
want to take annual leave, you have the right to be
paid your annual leave entitlements and workers
compensation.
Long Service Leave
Whilst you remain employed your employer should
continue recording your service with the Long Service
Payments Corporation. If you are no longer employed with
your employer and you cannot work you can claim
additional service credits (220 days/financial year) for
a maximum of four years, as long as you have not
withdrawn your benefits on disability grounds.
The Long Service Payments Corporation by phone on 131
411, or on Level 1 of the Union office in Lidcombe.
Uplus
If your employment is covered by a Union enterprise
agreement, and you are injured in an accident, you may
be entitled to make a claim for additional
income protection benefits
If you get a lump sum for a workplace injury and you are
covered for top-up insurance you may have other
benefits. Contact the Union or Coverforce on (02)
8814 7777 for more information.
CBUS Total and Permanent Disability and Death
Benefits
Under superannuation, you may have a right to claim
total and permanent disability benefits or your family
can claim death benefits.
Industrial Deafness
If you have worked in the building industry for a period
of time, it is likely that you have suffered hearing
loss. You may be entitled to workers compensation lump
sum benefits and other related benefits, like the
provision of a hearing aid. Compensation for hearing
loss is not payable unless hearing loss is 6% or more.
Compensation is non-taxable and the hearing test and
legal work is done free for financial union members.
Contact the Union on (02) 97490480 to organise a free
hearing test.
Union duesbr />
IIf you are on workers compensation for more
than 6 months and you are not working, you can remain
financial by paying reduced fees.Eligible Members who
are registered with the Union as medically unfit and pay
the applicable reduced fees are covered for Travel
Insurance. See the Union website for terms and
conditions.
For More information contact:br />
CFMEU Workers Compensation Department
Level 1, 12 Railway St, Lidcombe
Ph:
(02) 9749 0400
Fax:
(02) 9749 3680
Email:
lellis@nsw.cfmeu.asn.au
Union Solicitors Taylor & Scott
Sydney
(02) 9265-2500
Lidcombe (02) 8737 4500
Wollongong (02) 4227 2344
Newcastle (02) 4929 6777
Freecall
1800 600 664
Coverforce (Uplus) - (02) 8814 7777
Long Service Payments Corporation -
131441
CBus
1300 361 784
ACIRT
1800 060 467
MMEND
(02) 8745-5300
Please Note: this advice is
for residents of NSW only. Laws differs in other States.
This information is provided as a summary only.
For advice about your personal circumstances contact the
Union.
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