What is a workers compensation claim?
A person who suffers injuries while at work, whether those injuries are psychological or physical, is entitled to bring a workers compensation claim under workers compensation legislation. In NSW, the relevant legislation is the Workers Compensation Act 1987 (NSW) and the Work Injury Management and Workers Compensation Act 1998 (NSW).
A worker is eligible to bring a workers compensation claim for their injury or injuries, but only if their employment is a ‘substantial contributing factor to the injury’ sustained. Put more simply, this means that the injury must be connected to the worker’s employment, and not be an injury that is suffered outside of work.
The insurer for the worker’s employer must ‘accept liability’ for the injury for any benefits to be received by the worker. This means that the employer must accept that they are responsible for the worker’s injury.