- Report your injury to your employer and preferably have it recorded in writing
- See your doctor for treatment of your injury or illness and get a certificate of capacity
- Complete a Workers Compensation claim form and lodge it together with the certificate of capacity with your employer.
- Your employer will then notify their claims service provider (icare authorised insurance company)
- Once your employer’s insurer has been notified they will contact you to discuss your claim
- It is recommended you then get in touch with one of our workers compensation lawyers so we can assess your claim and give you the information you need to decide on the best course of action.
Because your claim will be managed by an insurance company whose interests might not be aligned with yours, we recommend you speak with one of our experienced Workers Compensation lawyers to ensure you know your entitlements and can maximise your compensation.
The organisations you need to know if you’ve been injured at work in NSW
In September 2015, the New South Wales Government introduced three new government organisations to administer the NSW worker’s compensation scheme. If you’re a worker in NSW and you’ve been injured or have fallen ill at work, chances are you’ll need to speak to at least one of these organisations.
Below we have provided a quick breakdown of the different organisations you might come into contact with if you make a claim for compensation after you’ve been injured at work, what they do and when you should be getting in contact.
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, it will be icare and their representatives you’ll be in contact with.
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.
Your compensation claims will be managed by one of these three insurance companies:
- Allianz Australia Worker’s Compensation (NSW) Limited
- Employers Mutual NSW Limited
- GIO General Limited
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.
Prevention is obviously the key to a safe and healthy work environment and SafeWork NSW’s key role is to help you stay safe and keep your employers accountable. Contact SafeWork NSW if:
- You need more information and advice about work health and safety practices in your industry, to ensure you stay safe at work;
- There has been a serious injury or death at your workplace and you need to report it;
- You think there’s a potential health and safety hazard at your workplace and need to report it;
- You need a licence to undertake potentially hazardous work, such as asbestos removal, demolitions, and use of explosives and fireworks;
- You need to register your plant, such as cranes, delivery booms, boilers, escalators and amusement devices;
- You need to register for your general construction induction card (white card) to carry out construction work.
SIRA are the State Insurance Regulatory Authority, and as their name suggests, regulates 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 get you on 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.
WIRO 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. WIRO can investigate complaints, help you find a lawyer, and conduct reviews of an insurer’s decision relating to your injury. This can involve things like the insurance company has denied your claim, if they want to revise your payments, or if they have significantly delayed making a decision about your claim.
Our Workers Compensation lawyers are WIRO approved lawyers, which means we can work with WIRO 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.