If you get injured or become ill from work in New South Wales, you might be entitled to financial compensation and additional benefits, such as income payments, lost wages, rehabilitation support, and medical expenses.
However, there are a few steps to keep in mind during the claims process to make sure you receive all your entitlements.
Workers’ compensation claim process in NSW
The first step is to report your injury or illness to your employer as soon as possible, preferably in writing. Your employer is legally obligated to then notify their insurer within 7 days of being made aware of the injury.
You’ll also need to see a doctor for a Certificate of Capacity (COC), which outlines your injury and work capacity. Your employer’s insurer will assess your claim and contact you regarding your potential benefits, such as weekly payments and medical expenses.
Throughout the process, icare plays an important role. As the government agency that provides workers compensation insurance to most NSW employers, it works with authorised claims service providers to manage claims and ensure injured workers receive the support and benefits they are entitled to under the law.
You can also make a claim by completing a Worker’s Injury Claim Form.
Do I need a lawyer for a workers' compensation claim?
It’s important to remember that your claim will be managed by an insurance company, whose interests may not always align with yours. They will often try to settle claims as quickly and cheaply as possible, potentially leaving you with only a fraction of the compensation you could have claimed.
That’s why it’s so important to speak with a Workers Compensation lawyer early in the process. A lawyer who understands workers’ compensation laws and how to deal with insurers and their legal teams may significantly assist to boost the compensation you are entitled to.
How we can help
Navigating the legal system alone can feel overwhelming, that’s why our dedicated Workers Compensation team is here to help. For over 90 years, we’ve been assisting workers across the country with their Workers’ Compensation claims, ensuring they get the care and support they need to move forward.
If your injury makes travel difficult, we can arrange phone or video consultations or even visit you in the hospital.
With the help of our team, including a lawyer of your choosing and highly trained legal assistants, you can rest assured that you’ll be looked after at every step of the journey.
Your entitlements
Under the Workers’ Compensation Scheme, you may be entitled to the following benefits:
Weekly payments to cover lost wages
Past and future wages
Medical, hospital and nursing expenses
Rehabilitation, counselling and other support services
Payments to help you return to work or to retrain so you can return to work
A lump sum payment if you reach the required medical threshold
What if my claim is rejected?
Even if your Workers’ Compensation claim has been rejected, you still have options. Firstly, you can request an internal review from the Independent Review Office (IRO). If your review is unsuccessful, you’ll need to lodge a dispute with the Personal Injury Commission (PIC).
We recommend getting in contact with our Workers Compensation team as soon as possible following a rejected claim, as time limits vary between states and territories. Moreover, experienced legal representation is highly beneficial during this process as disputes, especially in the PIC, often involve legal arguments with your insurer and their lawyers.
Frequently Asked Questions
In New South Wales, you have 6 months from the date of the injury to make a claim.
After you lodge your Workers’ Compensation claim, your employer’s insurer is required to contact you to discuss your claim and outline any benefits you may be entitled to, such as weekly payments or medical expenses.
However, it’s important to remember that insurers may only offer the statutory minimums, and you could miss out additional compensation, such as for pain and suffering. Speaking with a Workers’ Compensation lawyer can help ensure your claim is properly assessed and that you understand your full entitlements under the law.
Each Workers’ Compensation claim is unique, however most claims typically take between 6 months to two years from start to finish, so it’s important to get in contact with our Workers Compensation team as soon as possible.
All workers in NSW are entitled to Workers Compensation if they’re injured or become ill due to their work. You don’t need to be an Australian resident to make a claim, as workers on temporary or permanent visas are also eligible.
We offer a No Win, No Fee* arrangement. This means that if you don’t win, you don’t pay the fees for the work we do on your case, you may still be liable for third party disbursements and costs.
icare is the NSW Government agency that provides insurance and support services to people who have suffered injuries or illnesses at work. If you need to make a compensation claim because you’ve been injured or have fallen ill from work, you’ll be in contact with icare and their representatives.
Claim management services for icare are actually provided by authorised claims service providers (external insurance companies acting on behalf of icare) to assess, accept or reject your claim, and implement your compensation payments.
SafeWork NSW is the state’s workplace health and safety regulator. They can offer advice on improving health and safety practices at workplaces, provide licenses and registration for potentially hazardous work, as well as investigate workplace incidents, and enforce work health and safety laws.
SIRA are the State Insurance Regulatory Authority and they regulate the state’s insurance schemes, including the workers compensation insurance scheme.
As the regulator, SIRA’s main role is to make sure that NSW’s insurance system is doing its job to protect you and provide you with support and entitlements to help you get on with your recovery. As part of this remit, SIRA also investigates misconduct or when insurance companies don’t do the right thing.
You should get in touch with SIRA if you want to lodge a complaint or provide feedback about an insurer.
IRO is the Workers Compensation Independent Review Office. It is an independent statutory office whose role is to help workers resolve disputes with insurers, without the need to go to court. IRO can investigate complaints, help you find a lawyer, and conduct reviews of an insurer’s decision relating to your injury. This can involve an insurance company denying your claim, payment revisions, or if they have significantly delayed making a decision about your claim.
Our Workers Compensation lawyers are IRO approved lawyers, which means we can work with IRO on your behalf to apply for grants of funding to provide you with legal assistance. This means you will not need to pay any legal fees in this process if your application for grant of funding is approved by the IRO.
Meet the Workers Compensation team
When you choose Slater and Gordon, you’ll have an experienced team of professionals looking after your case, including your lawyer and legal assistants. They’ll be working hard to help ensure your success. Your team will work closely with you to help achieve the best outcome possible, while aiming to do everything they can to reduce your stress so you can concentrate on getting better.