Close
Life is full of uncertainties, but one thing is certain: at some point, you or someone you know will likely be injured at work. Knowing the steps to take when this happens is crucial.
These injuries can significantly impact your ability to work and your quality of life. Here’s what to do if you or someone you know gets injured at work:
Report Your Injury: Report your injury to your employer as soon as possible. Employers have different reporting methods, such as completing an internal injury report or notifying them via email.
Your employer is required to notify their claims service provider of the injury or significant illness within 48 hours of you informing them.
Timely reporting is essential to avoid issues with your claim and questions about its legitimacy.
In New South Wales, time limits apply, and workers’ compensation claims must be made within 6 months of the date of injury, with some exceptions.
If in doubt, contact Gouveia Lawyers immediately to see whether you are eligible to make a workers compensation claim.
See Your Doctor: Visit your nominated treating doctor to discuss your injury and obtain a WorkCover Certificate of Capacity.
Immediate medical attention is crucial, even for seemingly minor injuries. Delaying medical attention can worsen your condition and could have the potential to adversely affect your claim.
Your WorkCover Certificate of Capacity, completed by your doctor should address the following:
Lodge a Notification of Injury Form: Complete and lodge your workers’ compensation claim form with your state’s workers’ compensation scheme or your employer’s insurer.
In conjunction to the notification of injury form you will be required to submit documentation to the insurer including:
Completed NSW WorkCover Certificate of Capacity: Ensure you have a fully completed certificate.
Additional Medical Evidence: Gather reports from medical professionals and any hospitals you have attended.
Payslips and Earnings Information: Provide payslips or documentation showing your earnings for the 52 weeks prior to your injury.
Supporting Factual Evidence: Include any factual evidence that may support your claim.
Once your claim is submitted you may be eligible to receive provisional payments, which begin within 7 days of making a claim.
Provisional payments cover you whilst the insurer assesses your claim and makes a formal determination. Payments made by the insurer will seek to cover the cost of lost wages and medical expenses.
If you are unsure of how to complete a notification of injury form, you are eligible to reach out to Gouveia Legal to assist you with completing the form free of charge.
In New South Wales, workers’ compensation insurers must formally determine a claim within 21 days of receiving it.
This timeframe guarantees that injured workers receive timely decisions about their compensation, allowing them to access essential support and benefits.
If your claim is not determined within the required timeframe, the insurer must provide you with an explanation for the delay.
In the event, your claim is declined the insurer will issue you with a notice outlining the reasons for your decision. It is important you seek advice from a specialist workers compensation lawyer as appealing the decision can be complex.
At Gouveia Legal, we have Lawyers who are able to assist you through the appeal process. A denial is not the end of the road, with the right strategy and support, you can challenge the decision and work towards a favourable outcome.
Let us experienced professionals navigate the process for you and secure the compensation you deserve.
Follow Your Doctor’s Recommendations: Adhere to the treatment plan and your level of work capacity outlined by your doctor. This is vital for your recovery and the success of your claim.
We often see clients struggling to follow their doctors’ recommendations. This is often due to factors such as a push from the workers compensation insurer to return work prematurely or fear of being reprimanded by employers.
It is important that you remain guided by your doctor with respect to treatment and capacity. This is not only important for the velocity of your claim but also your own recovery.
Keep Detailed Records: Maintain records of all medical treatments, communications with your employer, travel costs to treatment providers, and medication expenses.
Be mindful of any consequential injuries that may develop as a result of your workplace injury. Consequential injuries become very important whilst your claim matures and appropriate documentation evidencing additional injuries is crucial.
Speak to a Lawyer: Consulting a lawyer can be invaluable. It’s free and confidential.
Gouveia Lawyers are Independent Review Office (IRO) approved Lawyers. As an injured worker in New South Wales, you are eligible to receive free legal advice from us in relation to your workplace injury.
It’s important that you get in touch with a Lawyer as soon as possible. Whilst you may not know it, your entitlements under the workers compensation scheme may extend further than just your weekly benefits and treatment expenses.
Dependant on the severity of your injury, you may also be entitled to lump sum compensation, common law damages or a TPD payout.
At Gouveia Legal, we understand the impact a workplace injury can have on your life.
You can always count on us to:
Clarify Your Rights: We simplify a complex system so that you understand your entitlements and how much you can claim, empowering you to make informed decisions.
Expedite Payments: Receive initial payments swiftly and accurately, easing financial stress so that you can focus on your recovery.
Ensure Comprehensive Support and Treatment: Access the necessary support, medical care, and time off work for a complete recovery.
Champion Your Cause: We handle all negotiations and communications with the insurer, advocating tirelessly on your behalf.
Hold Insurers Accountable: Apply pressure to prevent unfair delays and ensure timely processing of your claim.
Fight for Justice: Vigorously appeal if your claim is unjustly rejected, gathering robust evidence to strengthen your claim and maximize your compensation, ensuring you receive what you’re entitled to.
Unlock Additional Benefits: Discover other valuable entitlements, such as income protection, common law damages, or a TPD payout.
We are here to help you maximise your compensation. Get in contact today for a free consultation.
TESTIMONIALS
©Copyright 2025 – Gouveia Legal All Rights Reserved | Privacy Policy
Andrew is a Sydney-based solicitor with a strong background in commercial litigation and transactional legal work. He has acted for a broad range of clients across insolvency, estate disputes, and property-related matters. His experience also extends to drafting and negotiating commercial agreements, advising on business and property transactions, and preparing tailored estate planning documents.
Known for delivering clear, commercially minded advice, Andrew established Gouveia Legal to provide clients with legal services that are practical, accessible, and results driven. Whether navigating a dispute or managing a transaction, he brings a strategic approach grounded in understanding each client’s goals and delivering value at every stage.
Clients come to Andrew for straightforward guidance and a solicitor who takes the time to understand their situation and can get results.
In his spare time, Andrew likes to train Jiu-Jitsu, take his dog Henry for long walks and enjoys watching anything by Guy Ritchie or Martin Scorsese.
Melissa is an experienced lawyer with extensive expertise in personal injury law and a keen interest in immigration.
Holding a Bachelor of Medical Science and a Graduate Law Degree, she combines a strong analytical foundation with a compassionate approach to legal advocacy.
With significant experience working as both a plaintiff lawyer at Australia’s top firms and a legal representative for Australia’s insurers, Melissa brings a well-rounded perspective to every case she handles.
Known for her exceptional negotiation skills, Melissa is dedicated to securing the best outcomes for her clients. Her empathetic nature allows her to connect with individuals, understanding their unique challenges and providing clear, supportive guidance through complex legal processes. Committed to achieving justice, Melissa ensures her clients receive fair and timely resolutions to their claims, whether through skilled negotiation or robust representation.
In her spare time, Melissa enjoys fashion, going out with friends and family.
