If you have suffered from a workplace injury (physical and/or psychological), the team at Coastal Compensation Law Specialists can help.
If you have been injured at work, you may have a range of entitlements under the Workers Compensation Legislation. Our team has over 50 years’ combined experience in advising workers in NSW on their entitlements and how to recover various benefits from insurers. We may also assist you to challenge various decisions made by insurers that effect your access to various entitlements.
Based out of both Gosford and Wyong, our team can help with all of your workplace injury claims, investigations and enquiries.
In 2012, the NSW Government established the Workers Compensation Independent Review Office (WIRO). WIRO’s primary function is to assist injured workers in disputes with insurance companies.
Our team of Approved Legal Service Providers can obtain Independent Legal Assistance and Review Service (ILARS) grants of funding through WIRO, allowing you to obtain free and independent legal advice. This includes the costs of disbursements such as clinical notes and expert reports. This means that you won’t be out-of-pocket for any workers compensation claim or investigation. Our professional fees and disbursements incurred in assisting you will be borne by WIRO.
Exempt workers (Police Officers, Fire Fighters, Paramedics and Coal Miners) aren’t entitled to receive grants of funding through WIRO but if you’re an exempt worker, click here to see how we can assist you in your potential claim.
If you were injured in the course of your employment, the workers compensation insurer accepted liability for your claim and you have suffered a permanent impairment, you may be entitled to receive a lump sum payment as compensation.
This compensation is in addition to weekly benefits and medical expenses you may be receiving. If you obtain a lump sum amount for permanent impairment, this does not prevent you from continuing to receive payment for weekly benefits and medical expenses. Click here to read further about how we can investigate your degree of permanent impairment and see if you are entitled to lump sum compensation.
If you sustained a physical and/or psychological injury (or even multiple injuries) in the course of your employment, you must make a claim before the relevant insurer can consider accepting or declining the claim. If you have received a response from an insurer that declines your claim, please feel free to contact us to seek advice on whether you may be able to challenge the decision by the insurer.
The current Workers Compensation Legislation that deals with entitlements to weekly benefits of compensation and medical/treatment expenses can be a labyrinth to negotiate, especially without legal assistance. We have included some general guidance material here, but we would be delighted to discuss any specific enquiries with you directly.
If the claim is accepted by the insurer (and the work-related injury has resulted in a loss of earnings because you have reduced capacity for work), you may be entitled to commence receiving weekly benefits of compensation and the insurer will calculate what is known as your Pre-Injury Average Weekly Earnings (PIAWE). This calculation should be done in accordance with the relevant legislation and is based on the average of ordinary earnings, overtime, non-pecuniary benefits, as well as shift allowances.
To substantiate you have a reduced capacity or incapacity for work, you must provide a completed SIRA certificate of capacity to the insurer. Your General Practitioner (or nominated treating doctor) can assist you with completing this certificate.
The calculation of PIAWE will only include overtime and shift allowance payments during the first 52 weeks for which weekly benefits of compensation are payable.
There are various “entitlement periods” defined under the relevant legislation which attract different percentages of PIAWE the insurer is obligated to pay you for weekly benefits during each entitlement period. This is also subject to your capacity or incapacity for pre-injury employment or alternative suitable employment.
The insurer has the right to assess your capacity for work based on your functional, vocational and medical status. Based on that information, they can make a decision about your ability to return to your pre-injury employment, or to return to suitable employment with the pre-injury employer or at another place of employment. These are called “Work Capacity Decisions”.
If the insurer makes a work capacity decision that is adverse or you disagree with their decision, please contact us to see if we can assist you with challenging the work capacity decision. These decisions can be reviewed and/or disputed.
Once a workers compensation claim has been accepted, the insurer will only bear the cost of expenses for treatment or services which are reasonably necessary as a result of your injury. Accordingly, you should always get your treating practitioners to obtain the insurer’s approval for treatments before you proceed with the treatment.
Some treatments don’t require pre-approval, for example:
initial treatment required immediately following the occurrence of the injury;
consultations with your nominated treating doctor (NTD) in relation to your injury and to obtain updated Certificates of Capacity;
any services for the injury that are provided in the emergency department of a public hospital.
You may only claim for the cost of medical and related treatment, hospital treatment and rehabilitation services during a specific compensation “entitlement period”. The compensation period that applies to your circumstances depends on whether or not your injury has resulted in an assessed degree of permanent impairment known as a “Whole Person Impairment”.
If your work injury results in a permanent impairment assessed as 10% Whole Person Impairment or less, you may only be entitled to claim expenses for treatment provided for two years after weekly payments stop being payable OR for two years from the date of claim if no weekly payments have been made.
If your work injury results in a permanent impairment assessed as greater than 10% Whole Person Impairment, but not more than 20% Whole Person Impairment, you may only be entitled to claim expenses for treatment provided for five years after weekly payments stop being payable OR for five years from the date of claim if no weekly payments have been made.
If your work injury results in a permanent impairment assessed as greater than 20% Whole Person Impairment, you may be classified as a “worker with high needs” for the purpose of the legislation. Workers with high needs may be entitled to claim medical and related expenses for life.
For the first time in fifty-eight years I found myself in a situation where I was in need of legal representation to finalise my workers compensation claim with an insurance company who for near two years took pride in being more a hindrance than helpful. With bugger all research or advice from anyone I drew a local law firms name out of a hat and arranged a meeting with Kye Bruce. In a calm and friendly atmosphere he obtained all the information he required from me and then proceeded to explain to me in layman terms what I was entitled to and how he was going to make it happen. And within a short period of time he did just that with a better than expected outcome. Both Kye and Mia I found to be not only professional in their craft but extremely supportive, compassionate and diligent. Not once was I ever left swinging in the breeze wondering what was going on. It’s easy to see they love what they do.
Thank you Kye, thank you Mia and thank you Coastal Compensation Law Specialists for having these two worthy people in your employ.
Lump sum compensation claims for permanent impairment and pain and suffering
Approximately 8 years ago, I employed the services of CCLS after having a serious work injury and they lodged a Workers Compensation Claim for me which was successfully resolved. CCLS then started a WID Claim on my behalf which resulted in a very pleasing financial outcome. My primary contact was James Parkin and as soon as I met with him, I knew I was in good hands. James is a brilliant lawyer, his commitment and passion for his work is outstanding! He is honest, hard-working and is a very easy person to talk to. He explained things easily to me and I was always totally comfortable with his explanation of my case. James has gone above and beyond to help me with every aspect of my case. I am very grateful to him and CCLS is very lucky to have James on their team. I thank CCLS for their services and a very big thank you to James.
Workers Compensation & Work Injury Damages (WID) Claim
I was very stressed, tired, let down and felt my situation was hopeless after my workers compensation claim was rejected by the insurance company. I had one consultation with Kye Bruce of Coastal Compensation Law Specialists where we discussed my claim. From day one, Kye and his secretary Mia made me feel comfortable, confident and most of all, I felt like they believed in me and my case. Kye did everything necessary over a short period of time to win my case with exceptional results. I can highly recommend Kye and Mia of CCLS for the amazing outcome and allowing my life to get back on track!
Workers Compensation Claim
I suffered a severe and complex injury to my neck and arm at work in 2011. I engaged Coastal Compensation Law Specialists (CCLS) to assist me with a claim for lump sum compensation under the Workers Compensation legislation for my permanent impairment. Following a successful outcome, I was advised by CCLS to pursue a further compensation claim for Work Injury Damages. I achieved a very favourable resolution of the Work Injury Damages claim as well thanks to CCLS. James Parkin and the team at CCLS were very understanding, compassionate, thorough and personable in the provision of their services. James was really supportive and took the time to meet me face to face and made sure I understood every aspect of the claims. I cannot thank James enough for the support he gave me through the whole process – it was so nice to have someone on my side for a change! I was always well informed and felt comfortable with the advice I received at each stage of the claims. I am very grateful for the assistance of CCLS and would recommend them to anyone with a potential compensation claim.
Workers Compensation Claim
I suffered a neck injury whilst working and my employer and their workers compensation insurer refused to acknowledge my claim. I called Coastal Compensation Law Specialists for help. Kye Bruce became my solicitor and quickly started dealing with this dispute on my behalf. Kye informed me of all the documents I needed and medical appointments I needed to attend to assist with my claim. If it wasn’t for Kye, I would not have been reimbursed the out-of-pocket expenses I had already paid for my surgery and associated treatment, nor been paid weekly benefits and lump sum compensation for permanent impairment. I would highly recommend using Kye and Coastal Compensation Law Specialists in any workers compensation claim
Workers Compensation Claim
A big thanks to James at Coastal Compensation Law Specialists (CCLS)! Following my workplace injury, I was assisted by James and the team in making a lump sum compensation claim and also a claim for work injury damages. James was upfront and down to earth when explaining the legal side of things and straight to the point when needed. I sustained serious psychological injuries and while the claims progressed, James was very supportive and dealt with the claims in such a way that still allowed me to recover. I achieved a great win and outcome in the claim for work injury damages and I thank James and his support staff.
Workers Compensation Claim
I had the daunting task of finding a professional team to handle my compensation injury claim. After calling around and speaking to several legal firms, I called Coastal Compensation Law Specialists at Wyong and I was introduced to Kye Bruce & Mia Levy from their firm. My case was not as straight forward as some and I have to say that Kye & Mia both went far and beyond in handling my case. I highly recommend CCLS for any compensation matters that arise, a personal thank you again for all your amazing efforts.
Lump Sum Compensation & Commutation Claims
I was referred to Kye Bruce at CCLS by another local law firm who told me they no longer practiced in workers compensation. I forwarded my original inquiry to Kye Bruce, who soon after contacted me by both phone & email and arranged a meeting. During the meeting, Kye obtained further details from me before explaining what he could do for me, the processes surrounding those options & answered any questions about all we had spoken about. Throughout the entire process, everything was explained to me before any decision was asked of me. At every instance I was kept up to date and asked if I was if I needed more information or more time before making any decision & all information was given without influence. I was completely satisfied with the outcome of my case and would gladly recommend CCLS & Kye Bruce to anyone that needed genuine, honest & professional assistance in any legal matter.
Workers Compensation Claim
In 2015 I suffered a workplace injury that resulted in a major spinal surgery. My employer looked after me as much as legislation requires, however I have been left with physical restrictions that will affect me permanently. I was initially concerned that seeking compensation through legal means would be a difficult task – taking a lot of time out of my already tight schedule, however the entire process was made extremely easy by the staff at Coastal Compensation Law Specialists in Gosford.
I would like to personally thank the staff at CCLS, in particular Kye Bruce who was available to return my many calls within the hour and provided sound advice on each and every occasion. Kye made things really easy for me and I would highly recommend the services of Kye and CCLS to anyone seeking compensation for an injury.