To begin this Workers’ Compensation Guide NSW, we need to define the difference between Workers’ Compensation and WorkCover, which are often used interchangeably. WorkCover, the previous name for workers’ compensation in NSW, no longer exists. Since 2015, three new entities under SafeWork NSW have managed the scheme’s regulations and payments.
Employers and employees must know that the State Insurance Regulatory Authority (SIRA) is the New South Wales Government agency responsible for regulating the NSW Workers’ Compensation system. The three types of insurers in the system are:
- iCare.
- Self-insurers.
- Specialised insurers.
iCare is a NSW Government agency providing care services and insurance to statutory authorities and those injured at work under various Workers’ Compensation schemes. These Workers’ Compensation guidelines will use the umbrella term “Workers’ Compensation” to avoid confusion.
Understanding Workers Compensation
Workers’ compensation in NSW is vitally important. It provides benefits and support for workers who have been injured, left disabled, or mentally or physically ill while performing work-related activities. The Workers’ Compensation scheme is critical in prioritising employees’ well-being. It also provides financial help, medical treatment, and rehabilitation services.
During the 2021-22 financial year in Australia, 497,300 people had a work-related injury or illness, according to the Australian Bureau of Statistics. However, only 54 per cent of those injured received Workers’ Compensation. The occupational categories with the highest serious Workers’ Compensation claims rates were drivers, machinery operators, labourers, and personal service and community workers.
If you’ve been injured in the workplace and need to claim compensation, contact PK Simpson today.
Workers’ Injury Rates and Compensation for NSW 2022-23
There were 51,489 workers injured in NSW in the 2022-23 financial year, according to SafeWork NSW data, but that doesn’t necessarily reflect how many received compensation. There’s a difference between reporting an injury and claiming compensation. Some injuries aren’t severe enough to be reportable to SafeWork. Factors like injury severity, cause, and pre-existing conditions can impact eligibility.
- Reportable Claims: SIRA recorded 110,930 reportable workers’ compensation claims in NSW between October 2022 and September 2023. This number might include injuries from previous years as well.
- Claim Acceptance: Unfortunately, information on the claim acceptance rate in NSW isn’t readily available. However, based on national data from Safe Work Australia, around 82 per cent of workplace injury claims are accepted.
It’s safe to say that the actual number of injured workers who claimed Workers’ Compensation in NSW during 2022-23 likely falls somewhere between 51,489 (reported injuries) and 90,473 (assuming an 82 per cent claim acceptance rate of 110,930).
NSW Workers’ Compensation Claim Time Limits
Time limits exist on the various processes necessary to claim Workers’ Compensation in NSW.
When you should report an injury to your employer:
- You must inform your employer about your injury within two months of it happening.
Lodging a claim for Workers’ Compensation:
- You must inform your employer within two months of the injury, but you have up to six months to file a compensation claim.
- Your claim could be accepted if you file these within the required timeframes.
Exceptions for late Workers’ Compensation claim lodgement:
A late claim can be lodged for Workers’ Compensation past the deadlines under these three circumstances:
- If you were out of NSW.
- If you thought your injury was minor at the time it occurred but it developed into a serious condition over time.
- If there was a misunderstanding or mistake in your claim regarding what you could claim.
Benefits & Payments Injured Workers Can Claim
As part of Workers’ Compensation in NSW, workers who have suffered permanent impairments due to a work injury could be eligible for lump-sum Workers’ Compensation payments on settlement. Weekly Workers’ Compensation payments cover lost wages and medical and rehabilitation costs while your claim is being assessed. The criteria for eligibility for Workers’ Compensation benefits and payments include meeting certain requirements for work injury damages and permanent impairment caused by negligence.
Insurers will evaluate a claimant’s entitlement based on the legislation to assess eligibility for a Workers’ Compensation payout and benefits. The lump sum Workers’ Compensation settlement payout provides benefits for the long-term effects of the impairment or injury.
Injuries/illnesses Covered by Workers Compensation NSW
Workers’ Compensation in NSW covers various types of physical injuries and illnesses, including psychological conditions that result from work-related activities. When lodging a Workers’ Compensation claim, providing detailed information and essential forms associated with the injury or illness is crucial.
Read More: What types of payment are available under workers compensation?
Physical Injuries and Illnesses
Medical expenses and necessary domestic assistance to workers to cope with their injury or illness may be covered under Workers’ Compensation. The most common work-related physical injuries in NSW workplaces, according to iCare, include:
- Collisions that lead to serious injuries for workers operating machinery and vehicles.
- Slips, trips, and falls that cause foot, leg, hip or back injuries like dislocations, fractures, cuts and bruises.
- Being caught in machinery or struck by equipment or falling objects or materials, especially in transportation, construction, and manufacturing industries.
- Muscle strains and overexertion in workers who perform repetitive movements or lift heavy objects that affect the back and neck.
- Workers risk cuts and lacerations if they work with sharp objects and use sharp tools.
Mental Health Conditions and Psychological Injuries
NSW Workers’ Compensation legislation recognises psychological injuries that affect a worker’s mental health and are caused by work-related factors. IMCs, or approved injury management consultants, are essential in helping injured workers recover.
Occupational Infections & Diseases
Occupational infections and diseases arising from work-related exposures are covered in the NSW Workers’ Compensation Act. This includes dust diseases, asbestos-related diseases or hearing loss. Infections from exposure to viruses, fungi or bacteria can also be covered. Other injuries to health deemed work-related, such as respiratory issues and dermatitis, may qualify for compensation.
How to Lodge a Claim for Workers’ Compensation
It is advisable to contact an experienced Workers’ Compensation lawyer, such as the experts at PK Simpson, who can guide you through applying for Workers’ Compensation in NSW. Our lawyers will help you gather the evidence you need to support your claim and send a claim notice to the other insurer. We can also help you find the right doctors and allied health workers to assist you in getting help with your workplace injury management.
Call PK Simpson Compensation Lawyers Today
Each case of workers’ compensation is different, and the decision ultimately rests with the Court or relevant authorities. Seeking legal advice from a specialist lawyer such as PK Simpson, who is familiar with workers’ compensation claims, is highly recommended. Contact us here.