What is Section 248 of the Workers Compensation Act?

Asked by: Alexys Dare IV  |  Last update: June 26, 2026
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Section 248 of the Workers Compensation Act 1987 (NSW) makes it an offence for an employer to dismiss a worker solely or principally because they are unfit for employment due to a work-related injury, if the dismissal occurs within six months of the worker first becoming unfit.

What is Section 248 of the Workers Compensation Act 1987?

In New South Wales, Section 248 of the Workers Compensation Act 1987 says that if your employer fires you within 6 months of becoming unfit for work due to a workplace injury, they are breaking the law. This law helps protect you while you're recovering and trying to get back to work.

What is a 30% whole person impairment rating?

A whole-person impairment rating assesses the injury's effect on the body as a whole. For instance, a 30% whole-person impairment rating means the individual has permanently lost 30% of their overall bodily function. This method is commonly used in states that follow the American Medical Association (AMA) guidelines.

What is the difference between recurrence and aggravation?

A "recurrence" is when the symptoms of a previous injury recur spontaneously without any external cause. This would result in the "old" claim being reopened. An "aggravation" is when symptoms of a pre-existing injury are increased by a new and definable event.

What are common workers' comp settlements?

Several factors play a role, and many types of injuries and illnesses can support these claims. Most workers get between $2,000 and $40,000 dollars for their claim. The average amount for a workers' compensation settlement is about $20,000.

Episode 248: How NOT to Defend a Wage Reconstruction Case in New Jersey

19 related questions found

What are the 5 most common injuries in a workplace?

The top 5 workplace injuries, often leading to lost work time, include overexertion (lifting/pushing), slips, trips, and falls (same-level or heights), contact with objects/equipment (struck by/against), repetitive motion injuries (carpal tunnel), and transportation incidents. These injuries commonly cause sprains, strains, fractures, and lacerations, with overexertion and falls being the leading causes of disabling cases.

What are the 4 categories of impairment?

Impairments can be classified into four main groups: physical, sensory, psychosocial and intellectual. Some are present from birth, while others may be acquired later in life as the result of illness, injury or just from getting old.

How much disability will I get if I make $60,000 a year?

Someone in their fifties who made $60,000 per year might expect a disability payment of $2,000 per month. You can check your annual Social Security Statement to see your covered earnings history. You'll need to set up an account to see your statement online at my Social Security.

What is the hardest injury to prove?

The hardest injuries to prove in personal injury cases are generally "invisible" injuries that do not show up on standard imaging like X-rays or MRIs, making them difficult to verify objectively. These include soft tissue injuries (whiplash, sprains), mild traumatic brain injuries (concussions), chronic pain conditions (fibromyalgia, CRPS), and psychological injuries (PTSD, depression).

What causes 37% of workplace injuries?

37% of all reported workplace injuries were as a result of a slip, trip or fall, with 28% of all fatalities in the workplace being caused by a slip, trip or fall. On average approximately 50 people die each year from a slip, trip or fall and a great many more are injured – some critically.

What happens if you get hurt again while on workers' comp?

If you innocently aggravate your work injury or suffer an injury because of the work injury, you can get workers' compensation benefits for the second injury. If the second injury is totally unrelated to your work injury, workers' compensation does not cover the second injury.

What counts as unfair treatment in the workplace?

Unfair treatment at work refers to unjust, inequitable, or inconsistent actions by employers, managers, or colleagues that disadvantage an employee. While often subjective, it becomes legally actionable when based on protected characteristics like race, gender, age, or disability, leading to discrimination, harassment, or retaliation.

What are signs of a good settlement offer?

Consulting the best personal injury attorney can help ensure every loss is accounted for and that your settlement truly reflects your full damages.

  • The Amount Reflects the Severity and Long-Term Impact. ...
  • The Offer Improves After Negotiation. ...
  • The Settlement Falls Within Common Ranges for Similar Cases.

How much will I get from a $50,000 settlement?

A complete breakdown of how much of a 50K settlement you can expect to get. It is a big win, but by the time lawyer's fees, court costs, medical bills, and other debts are settled from the settlement, you might end up with an amount between $20,000 and $30,000, based on your situation.

What should I not say during settlement?

It may be easy to establish who is at fault, but you do not want to go into mediation saying things like, “This is all your fault” or “If not for you, I wouldn't have been injured.” Placing blame can raise the other party's guard, which could make them less likely to compromise.

What is an example of emotional damage?

Emotional damage refers to severe psychological distress, trauma, or mental anguish resulting from abuse, accidents, or traumatic events. Key examples include anxiety, depression, PTSD, chronic fear, humiliation, insomnia, and social withdrawal. It often manifests as trust issues,, relationship strain, or uncontrollable flashbacks.

How much is PTSD worth in a lawsuit?

PTSD settlement values typically range from $50,000 to over $500,000, with many cases median-valued around $100,000, depending heavily on the severity of the trauma and impact on daily life. Severe, well-documented PTSD cases can lead to much higher, even multimillion-dollar, jury verdicts, particularly in cases involving gross negligence or long-term care.

What is the #1 workplace injury?

Overexertion and bodily reaction, particularly back injuries from lifting, pushing, or pulling, are consistently ranked as the number one workplace injury. These injuries are the leading cause of missed work days, often caused by improper lifting techniques and manual material handling.

What are the top 5 worst injuries?

The top 5 worst injuries typically involve life-altering trauma, severe pain, and long-term, if not permanent, impairment. These include traumatic brain injuries, spinal cord injuries causing paralysis, third-degree burns, major amputations, and severe internal organ damage. These injuries require intensive care and can result in significant disability.

What are the 10 examples of intentional injuries?

Intentional Injuries, include, but are not limited to, the following most common examples:

  • Homicides.
  • Suicides.
  • Domestic Violence.
  • Sexual Assault.
  • Acts of Terrorism or Politically-Motivated Acts.
  • Acts of War.