Workers compensation in New South Wales
Injured 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. No-fault benefits: weekly payments (time-limited for most workers), medical expenses, and a lump sum for permanent impairment once whole-person impairment reaches 11% (15% for psychological injury).
How to make the claim
Notify your employer as soon as possible and within 6 months, get a certificate of capacity, and lodge the claim with the employer’s insurer. Disputes go to the Personal Injury Commission.
Common law damages
Work injury damages against a negligent employer need at least 15% whole-person impairment and are limited to economic loss. Uplift fees are restricted in these claims.
Who counts as a worker
Employees, most labour hire workers, apprentices and many contractors who are paid mainly for their own labour are covered. FIFO and remote workers are covered for injuries in the course of employment, including travel in some circumstances. Psychological injuries are covered with scheme-specific conditions.
If your claim is rejected
Every scheme has a review process with short deadlines, often measured in weeks. Get advice before the review window closes rather than after.
What you can claim
- Weekly income payments while you cannot work, at the scheme rate
- Medical, hospital, pharmaceutical and rehabilitation expenses
- A lump sum for permanent impairment once your injury is stable
- Retraining and return-to-work support
- Common law damages for economic loss (and pain and suffering where the state allows) if the employer was negligent
Evidence to keep
Claims are won on what can be proved. Keep:
- The incident report you gave your employer, and when
- Certificates of capacity from your doctor
- Names of co-workers who saw what happened
- Photos of the hazard, equipment or site conditions
- Pay slips and rosters showing your pre-injury earnings
- Every letter and decision from the insurer, with dates
What happens when you call
We ask what happened, where, when and who was involved. If it looks like you have a claim we match you with a panel lawyer in Sydney who handles workers compensation matters, and they call you for a free first consultation, usually within one business day. If your claim has merit it is run on a no win no fee basis with a written costs agreement before any work starts. If it does not, we will say so rather than waste your time.
How long it takes
Straightforward claims with clear liability often settle within 12 months. Serious injuries take 18 months to 3 years because your injuries have to stabilise before they can be valued, and impairment assessments cannot be done earlier. Interim payments for treatment and income are available under most schemes while the claim runs.
Common questions
Do I need a lawyer for a workers compensation claim?
Not to lodge the statutory claim; most workers do that with their employer and doctor. You need one when the claim is disputed, when weekly payments are cut or stopped, when a permanent impairment assessment is coming up, and whenever a common law claim is possible. Those are the points where the money is decided.
Can I be sacked for making a claim?
No. Dismissing or disadvantaging a worker because they made a workers compensation claim is unlawful in every state, and employers have return-to-work obligations for a set period after injury.
Can I choose my own doctor?
Yes. You are entitled to be treated by the doctor of your choice. The insurer can arrange its own independent medical examination, but it cannot dictate your treating doctor.
What is a common law claim in New South Wales?
Work injury damages against a negligent employer need at least 15% whole-person impairment and are limited to economic loss. Uplift fees are restricted in these claims. It is a negligence claim against the employer, run on no win no fee, and is where the largest settlements come from.
What if my injury was partly my fault?
Statutory benefits are paid regardless of fault, except for serious and wilful misconduct. In a common law claim, contributory negligence reduces the damages proportionally rather than defeating the claim.
How long do I have?
Notify your employer as soon as possible and within 6 months, get a certificate of capacity, and lodge the claim with the employer’s insurer. Disputes go to the Personal Injury Commission. Review and appeal windows after a decision are short, often 30 to 60 days.
In more detail
Full guide to workers compensation claims in New South Wales
- As of 2019, a total of 92,124 employment injuries were reported in the most recent annual report, a decrease of 1,811 injuries or two per cent from the prior year.
- Of these, 24,153 were reported as (major injuries).
- A total of $2.65 billion was paid as claim payments through the workers compensation system in the fiscal year.
- If you’ve suffered a physical injury in the workplace or if your psychological health has been affected as a result, Millner and Knight can help.
- Our workers compensation lawyers acting in Sydney and New South Wales can help you with any type of matters including common law claims.
- All claims are handled according to our no win no costs policy
Accessing your weekly payments after suffering an injury at work in New South Wales can difficult. If this is the case, or you're wondering where you stand, contact our worker's compensation lawyers in Sydney for the right advice.
Things to know about workers’ compensation in NSW
Workers compensation insurance provides compensation to people who have become injured or ill in the line of work. It is compulsory for New South Wales employers and is funded by their contributions.
All too often our solicitors speak with victims who are being denied their rights to workers compensation. Some of the most common reasons are:
- A large number of the companies workforce are currently on workers comp
- a logged injury could result in a lost-time for the employer and affect them pricing future contacts
- management is more concerned about rising insurance premiums than their employee’s wellbeing
Whatever the reason, this is not your problem and you should not be denied your legal right to workers compensation because it’s not convenient for your employer.
Strict time limits apply to WorkCover matters so it's important to seek independent legal advice as soon as practically possible. Our team of experienced workers compensation lawyers in Sydney can help you navigate the system and get the money you're rightfully owed.
- Seek first aid and notify your employer to make sure your injuries are reported as soon as possible
- Visit your own doctor (rather than the company one) and get a 'Certificate of Capacity'.
- You will then need to give a copy of your certificate to both your employer and the insurer.
- Download a Workers Compensation form here, complete and return to the insurer as soon as possible.
- If you experience any difficulties during the initial process feel free to give us a call on 02 9188 2023.
- Be sure to keep copies of both your medical certificate and claim form for future reference.
To find out whether you are eligible to make a workers’ compensation claim please contact us now for clarification. We have offices located throughout NSW so no matter where you are located, we won't be far away.
What next?
Types of workers compensation our lawyers can help with
Some of the most common types of injuries suffered at work include
- Stress
- Back injuries
- Repetitive Strain Injuries
- Carpal Tunnel Syndrome
- Eye injuries
- Broken bones and fractures
- Carpal Tunnel Syndrome
- asbestos claims
- noise-induced hearing loss.
We can also help you with many types of different workplace accident scenarios such as:
- Falls from Height
- Hit by Falling Object
- Constructions Site Accidents
- Crushed by Moving Vehicle
- Factory Accidents Claims
- FIFO Accident Claims
- Machinery Accidents
- Wrong PPE Claims
We can also assist if you’ve been involved in an auto accident travelling to or from work.
I've had my case rejected
Where the insurer disputes liability they should advise you of their reason in writing and provide information on what you can do next.
Your options are
- Contact a legal professional if you haven’t already.
- Speak to your employer
- Request a review by the insurer
- Contact the Workers Compensation Independent Review Office
- Lodge an application to resolve the dispute at the Workers Compensation Commission