In NSW, you can make a workers compensation claim if you get injured or fall ill at work. This includes benefits in the form of regular payments from your employer's insurance company, such as treatment costs, rehabilitation, return to work assistance and more.
But that’s only possible if you know how to make your claim successful. The State Insurance Regulatory Authority (SIRA) regulates workers compensations in NSW and icare is the main insurer in the state. Meanwhile, SafeWork NSW is the workplace health and safety regulator.
SIRA requires employers to have workplace insurance for all employees. If you’re about to lodge a workers compensation claim in NSW, here’s everything you need to know to increase your chances of success.
Am I Eligible for Workers Compensation in NSW?
You may be eligible to make a workers compensation claim in NSW if:
- You are classified as a worker under NSW workers compensation laws.
- You were injured at work or developed an illness because of your job.
- Your employment played a significant role in causing your condition.
If you’re not sure about your eligibility, our experienced workers compensation lawyers will assess your situation, understand the details of your work-related injury and guide you towards the best compensation options available.
Step-By-Step Process to Make a Workers Compensation Claim in NSW
To make a workers compensation claim in NSW, you need to follow these key steps to ensure all necessary information is submitted.
Step 1: Seek Immediate Medical Treatment
If you’ve been injured at work or fallen ill, seek first aid or medical attention immediately. In emergencies, call 000.
Step 2: Notify Your Employer About Your Injury or Illness
Under NSW workers compensation laws, you must notify your employer of your injury or illness as soon as possible. Ideally, this should be in writing. Workers have up to 6 months from the date of injury to notify their employer or insurer, with extensions of up to 3 years in exceptional cases.
Step 3: Notify icare or Other Workplace Insurer
Your employer must notify icare within 48 hours of receiving your report. If they don’t, you (or a nominated representative such as a family member or doctor) can contact icare directly on 13 77 22 or submit an online claim form.
Step 4: Get Your Workers Compensation Claim Number
Once your claim is reported to the insurer, they will issue you a claim number. Keep this number handy as you’ll need it throughout your claim. If you or your representative reported the injury to icare, you should have already received your claim number.
Step 5: See Your Nominated Treating Doctor and Get a SIRA Certificate of Capacity
In some cases, public place assaults may involve security personnel, council rangers or business owners. Reporting the incident to them may help with your claim or provide additional evidence.
You have the right to choose your treating doctor—your employer can’t dictate this. You can see your regular GP or get recommendations from family and friends. If necessary, you may be referred to a specialist.
Remember, your employer should not be present during your medical consultations. Clearly explain all aspects of your injury or illness to your doctor, no matter how minor.
Now ask for a SIRA Certificate of Capacity, which will outline:
- The nature of your injury or illness
- Recommended treatment
- Your ability to work
This certificate may accompany your Worker’s Injury Claim Form. If it doesn’t, you must indicate in Section 5 of the claim form when you will provide it to your employer.
Step 6: Submit Your Certificate of Capacity and Keep Copies
Provide your Certificate of Capacity to your employer and/or the insurer. While submitting a Worker’s Injury Claim Form is optional, doing so can speed up the insurer’s decision making process:
- Without the form, insurers have 12 weeks to determine liability.
- With the form, insurers have only 21 days.
Keep copies of all forms and medical documents for your records, including any medical expenses and lost work time due to your injury or illness.
Step 7: Contact Wyatts for Expert Legal Advice
If you haven’t already, get in touch with Wyatts’ workers compensation team. During a free, no obligation consultation, we will assess your situation, understand the impact of your injury and advise on your best legal options for getting compensation. Our workers compensation lawyers operate on a “No Win, No Fee” basis, so you get the support you need without upfront costs.
Are there Time Limits for Claiming Workers Compensation in NSW?
If you get injured or ill at work in NSW, time is of the essence as there are strict time limits in the workers compensation process.
You must apply for compensation within 6 months of your entitlement. In some cases, this can be up to 3 years but this depends on your individual circumstances. In practice, this often means applying within 6 months of the event that caused your injury or illness.
Once you submit your Worker’s Injury Claim Form, your employer must forward it to their insurer within 7 days. If you submit a claim form, the insurer has 21 days to determine liability for all or part of your claim.
Consult with a workers compensation lawyer to see if you qualify for an extension. Contact Wyatts today!
What Are My Entitlements in NSW Workers Compensation?
Your workers compensation entitlements in NSW may include:
| Entitlements | Descriptions |
|---|---|
| Weekly Payments | You may receive weekly payments to replace lost income. These payments continue for at least 13 weeks, regardless of your work status. After that, benefits may extend up to 130 weeks, subject to ongoing assessment. |
| Medical and Rehabilitation Costs | You may be reimbursed for medical expenses, including doctor visits, hospital stays, medication, and therapy. Insurers assess whether treatments are reasonable and necessary before approving coverage. Exceptions apply in cases requiring surgery or ongoing treatment. |
| Lump Sum Compensation | If your injury results in at least 11% whole-person impairment (physical) or 15% (psychological), you may qualify for a lump sum payment in addition to weekly benefits and medical coverage. |
| Provisional Liability | While your claim is under review, you may receive up to 12 weeks of weekly payments and medical expenses up to $10,000 within 7 days of notifying your injury—unless a reasonable excuse applies. Insurers cannot delay medical expense payments, even if weekly payments are delayed. |
If your employer lacks workers compensation insurance, they are still responsible for covering your claim. Insurers may delay weekly payments if they lack sufficient medical information. If this happens, provide a Certificate of Capacity or medical records to prove your injury. If an insurer issues a reasonable excuse within 7 days, you must complete a claim form to proceed.
How Wyatts Lawyers Help with Workers Compensation Claims
Wyatts Lawyers can assist with all aspects of your workers compensation NSW claim, even if you’ve already submitted it. A successful claim can help protect what matters most to you and your family.
Our experienced workers compensation lawyers provide expert guidance, ensuring you understand your rights, receive fair compensation, and navigate any disputes with insurers. We work on a “No Win, No Fee” basis, meaning you won’t pay legal fees unless we win your case.
Contact our experienced team of lawyers at 1800 773 880 to get started!
