How compensation works in New South Wales
Every state runs its own schemes, and New South Wales is no exception. Which one applies depends on where you were hurt, not how badly: a crash goes through NSW CTP scheme under the Motor Accident Injuries Act 2017, regulated by SIRA, a work injury through the NSW workers compensation scheme under the Workers Compensation Act 1987 and the 1998 Act, with icare as the nominal insurer and SIRA as regulator, and an injury on someone else’s property or in a public place is a negligence claim under the Civil Liability Act 2002 (NSW). Our panel lawyers in Sydney work across all of them.
Road accidents
New South Wales runs a hybrid scheme: statutory benefits are paid for up to 52 weeks regardless of fault, then continue only if you were not mostly at fault and your injury is not a “threshold injury” (soft tissue or minor psychological injury). Lodge the application for personal injury benefits with the at-fault vehicle’s CTP insurer (or the Nominal Defendant for unidentified or unregistered vehicles) within 28 days to get benefits backdated, and within 3 months in any case. The thresholds, caps and the no-fault cover for catastrophic injuries are set out on the New South Wales road accident page.
Injuries at work
Workers in New South Wales are covered by the NSW workers compensation scheme under the Workers Compensation Act 1987 and the 1998 Act, with icare as the nominal insurer and SIRA as regulator, which pays income support, treatment and a permanent impairment lump sum without proof of fault. Where the employer was negligent, a common law damages claim may also be open; the impairment thresholds and lodgement steps are on the New South Wales work injury page.
Public liability
Injuries in shops, rental properties, parks and public places are negligence claims under the Civil Liability Act 2002 (NSW). Proof, thresholds and the evidence that decides these cases are covered on the New South Wales public liability page.
Medical negligence
Claims against doctors and hospitals need expert evidence that care fell below a reasonable standard and caused harm; how that works in New South Wales, including time limits, is on the New South Wales medical negligence page.
Time limits in New South Wales
The court deadline for most personal injury claims is three years, but the dates that actually decide claims are the earlier notice and lodgement steps set out above. Missing one does not always end a claim, but it hands the insurer an argument and makes everything harder. If you are unsure where you stand, the free check above takes two minutes.
What you can claim
- General damages for pain, suffering and loss of enjoyment of life, where the state threshold is met
- Economic loss: income already lost and future loss of earning capacity, including superannuation
- Treatment and care: medical, rehabilitation, equipment, home modifications, and care provided by family
- Dependency claims for families where an accident was fatal