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A threshold injury, or previously known as a minor injury, is an injury that the law finds does not meet the requirements for a lump sum payment. This can be challenged and overturned through the use of medical evidence and expert legal advice. Generally, there is a requirement for the injury to be more than a soft tissue injury or a diagnosable psychological condition that is not pain based.

No. TPD cover is an insurance entitlement, and any payout that you receive is separate from your superannuation. However, if you satisfy the definition of TPD you may also satisfy the conditions for early release of your super. If that were to apply, it would be entirely your choice as to whether you wish to withdraw funds from your superannuation account.

1. Get the registration number of the vehicle that caused the accident.*
2. Report the accident to the police if they did not attend the accident scene (make sure to obtain the event number of the accident from the police).
3. Seek medical attention and lodge a claim for personal injury benefits.

*SIRA can clarify the name of the ‘at fault’ vehicle’s CTP insurer if you know the registration number.

In NSW, a workers compensation insurer is usually required to make a decision on a claim within 21-days of it being lodged.

For the majority of statutory workers compensation claims in NSW, there is no fee to injured workers regardless of the outcome.

Once the insurer has accepted your worker’s compensation claim, you will be able to receive various benefits under the Workers’ Compensation Act. We can give you advice in relation to potential entitlements including weekly benefit payments for incapacity from employment, medical and treatment related expenses, rehabilitation expenses, lump-sum compensation payment for permanent impairment and domestic assistance. Other benefits including death benefit and funeral expenses.

If an injured worker has sustained a serious injury which results in lasting symptoms (permanent impairment), there is an entitlement to a tax-free lump sum payment in addition to other compensation such as weekly benefits and medical expenses. This assessment is undertaken by a specialised assessor/s of impairment.

Yes. In NSW, a claim should be made as soon as possible following an injury, within 6 months. If there is a failure to make a claim within 6 months, compensation can still be paid if the reason that a claim was not made was because of ignorance (you were unaware of your obligations and timeframes in that a claim needed to be made within 6 months), a common mistake or you were outside the State of NSW. If the claim is not made within 3 years of the date of injury, accident or death, then the claim cannot be made unless the injury resulted in the death or serious injury of an injured worker.

Yes. At Walker Law Group, we have a team of lawyers who are able to provide advice, assistance and representation to eligible injured workers at no cost. Funding in these matters is granted by the Independent Review Office (IRO), which is an independent statutory office backed by the NSW government.

In NSW, the workers compensation insurer is required to provide you with a section 78 notice if they are declining your claim, or an aspect of your claim. If you have received a section 78 notice you should get in touch with one of our lawyers approved to provide free legal advice to injured workers. In our experience, having legal representation will make a significant difference in the outcome of your dispute. We can help you by building a strong case to challenge the decision.