NSW Personal Injury at Work

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5 May 2015
I slipped on a grape at work, fell onto a drain pipe hit my back so hard it cut into me. I was told that I can't claim anything for personal injury because I have not had an operation. Is this true?


Dear Missy,

No. If the injury occurred while at work, you should be entitled to medical expenses and wages for time off work due to the injury through Workcover or whatever the body is down there in NSW. If you have a permanent impairment resulting from the injury then you may consider bringing a personal injury action claiming a lump sum payment. I'm not sure on the process and procedures down there in NSW so I can't provide much detail. I would speak with a personal injury lawyer about it - many offer free consultations to let you know whether you have a claim or not. But do it quickly! Strict time limits apply for instituting proceedings for personal injuries, so if you delay you may have your action statute barred.
19 May 2015
Hi Missy,
Looks like you could have a few claims here...negligence claim in common law, workers comp claim, WID if injury given over 15% and if you are off work and actually stay off work for 6 months a TPD claim! Make sure you see your GP and get the injury fully checked out, ie go see some specialists so you have the reports and for your own good. I know since the workers comp laws came in many compensation law firms really backed off on taking workers comp claims, unless they are really big injuries.