Workers' Compensation is compulsory insurance for all employers all over Australia, providing employees with protection if they sustain a work-related injury or illness. Companies who employ full-time, casual or part-time workers, under a written or oral contract or apprenticeship, are obliged by law to have Workers Compensation insurance. If you are injured or contract an illness through your work, you may be entitled to make a claim under the Workers' Compensation Scheme. The scheme may provide rehabilitation services, weekly benefits, help with personal effects, payment of hospital and medical fees, and a lump sum payment for permanent impairment where the applicable threshold is met. The rules surrounding Workers' Compensation are always changing, so talk to your PK Simpson lawyer if you have been injured at work or if you are suffering from a work related illness, and you will be guided and assisted in making a claim.
Workers Compensation Claims NSW: What Changed in 2026?
For workers compensation claims NSW, rules changed from 1 July 2026. The provisions that apply can depend on the type of injury and when the claim was made or notified, with significant new requirements for some primary psychological injuries.
Physical injury claims continue to use the established notification process, but individual entitlements and dispute pathways can vary. Check SIRA's current reform guidance or obtain advice before relying on a general summary.
At PK Simpson, we're committed to helping you understand your rights and options when it comes to workplace injuries and compensation. Browse through our comprehensive resources to learn more about various aspects of workers compensation and work-related injuries.
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For expert legal advice on work-related injuries and to discuss your potential workers compensation claim, contact PK Simpson today. We're here to help you understand your rights, navigate the claims process, and get the compensation you deserve for your workplace injury.
Since 1977, PK Simpson Injury Compensation Lawyers have been helping the people of Australia claim and receive the Workers' Compensation they deserve.
We've successfully handled over 25,000 claims and helped thousands get their lives back on track. That is our speciality!
How Does Workers' Compensation Work in NSW?
On January 1, 2019, the NSW Government's Workers' Compensation dispute resolution system reforms began, and they apply to all insurer decisions made after that date. The changes follow after the State Parliament passed the Workers' Compensation Legislation Amendment Act 2018. The reforms are meant to streamline the system to simplify the dispute resolution process for all concerned. The Personal Injury Commission is now the central body for dispute resolution. The changes are meant to:
Circumvent disputes
- Workers with a question or an unresolved complaint about a claim with the insurer can contact the Independent Review Office (IRO).
- Workers with an unresolved complaint about their employer or a provider (e.g. a treatment provider) can contact SIRA.
- Employers and others with a vested interest with a complaint or enquiry about Workers' Compensation can contact SIRA.
Current NSW Complaints and Dispute Pathways
The Independent Review Office (IRO) can help with complaints about insurers. The Personal Injury Commission handles NSW workers compensation disputes, but the Industrial Relations Commission first decides whether bullying, sexual or racial harassment, or excessive work demands meet the definition of relevant conduct when that issue is disputed.
Ask the insurer for its decision and reasons in writing, and keep the notice and supporting records. If it rejects a claim involving bullying, sexual or racial harassment, or excessive work demands, request an internal review first. A lawyer can then advise whether a dispute about the conduct goes to the Industrial Relations Commission or another issue goes to the Personal Injury Commission. The IRO can also help with an insurer complaint.
When to Contact a Workers Compensation Lawyer NSW
Early advice may help if liability, treatment, weekly payments, work capacity or permanent impairment is disputed. Eligible injured workers may receive legal assistance through IRO's Independent Legal Assistance and Review Service, but an approved lawyer must assess the matter and obtain funding approval.
Check out the fact sheet(1).
How Do I Claim Workers Compensation in NSW?
If you or someone on a work site requires urgent medical care, you must attend to that first.
For workers:
You must let your employer know as soon as possible if you have been injured at work, or if you have a work-related illness and supply:
- The time and date that the injury occurred
- For an illness, when the symptoms began
- A full description of how the injury occurred
- A full description of the injury or illness
Evidence for Workers Compensation Claims NSW
If you are learning how to claim workers compensation in NSW, report the injury promptly and keep copies of the information you give your employer or insurer. Useful records may include:
- Your SIRA Certificate of Capacity and any completed claim form
- Medical referrals, reports, treatment invoices and pharmacy receipts
- Incident reports, photographs and witness contact details
- Payslips, rosters and records of time away from work
- Emails, letters and notes of calls with the employer or insurer
Do not wait for every document before reporting the injury or seeking advice. Records should be accurate and kept together so they can be provided if the insurer requests further information.
What Happens After the Insurer Is Notified?
For most initial notifications, the insurer must generally start provisional weekly payments within seven days, identify a reasonable excuse not to do so or determine liability. If it issues a reasonable excuse and you submit a completed claim form, it generally has 21 days to accept or dispute liability.
Different rules apply to certain primary psychological injuries involving bullying, sexual or racial harassment, or excessive work demands. A completed claim form is required before compensation can be paid for these claims, and the current determination period is 42 days.
If you wish to notify your employer's Workers' Compensation insurer, you may do so. If you need more help, you can phone the Independent Review Office (IRO) on 13 94 76.
For Employers
If an injury to an employee is thought to be dangerous or serious, or if a worker has died as a result, you must immediately report it to SafeWork NSW (reference 2 below) on 13 10 50. An urgent investigation could be necessary, and it's possible that preservation of the site will be needed until the inspector has completed an investigation. If an employer fails to notify an incident, severe penalties apply. Employers must record all work-related injuries and illnesses in their register of injuries, whether a claim is made or not.
Time Limits
Claims for Workers' Compensation may be made up to six months after the date of the injury or death, and this may be extended to:
- Three years after the accident in some cases where, for instance, the injured person is in another State or Territory or an honest mistake has been made.
- If there is a reasonable excuse for a delay, claims for a very serious injury causing impairment or death may be made after three years.
- If SIRA approves, a time limit of three years may be lifted.
The workers compensation claim time limit NSW workers face is generally six months, but delayed awareness and limited statutory exceptions can affect it. Act promptly even if you think an extension may be available.
Contact the insurer for further advice or call the IRO on 13 94 76 for more information. Or call PK Simpson for expert legal advice.
At PK Simpson, we represent anyone with a viable compensation claim, whether large or small, arising from injury or illness suffered as a result of:
Motor Vehicle or Workplace Accidents – Inability to work due to injury or illness – Public or Private Place Accidents – Work
Injury Damages Claims (Common Law Claims) – Medical Negligence and TPD.
Workers Compensation Claims NSW Benefits
The workers compensation benefits NSW claimants may receive depend on the injury, evidence, capacity for work and the rules applying to the claim. Potential support can include:
- Weekly payments based on pre-injury average weekly earnings and current work capacity
- Reasonably necessary medical, hospital, ambulance and rehabilitation expenses
- Approved travel costs for medical, hospital or rehabilitation appointments
- A possible lump-sum payment where a permanent impairment claim meets the applicable requirements
Payment periods and eligibility can change as a claim progresses. Keep your Certificate of Capacity current, tell the insurer if your circumstances change and obtain individual advice before making decisions about lump-sum or work injury damages claims.
Will I Get Full Pay on Workers Compensation?
After your employer's insurer has been informed of your injury or illness, a representative will contact you to advise you of what support is available. You may be eligible for weekly payments of Workers' Compensation, but this will depend on how much or how little work you are able to do as a result of your injury or illness. You will need to provide a SIRA certificate of capacity to the insurer or your employer, which shows how much work you can do. The sooner your illness or injury is reported, the sooner you can make a claim for Workers Compensation to receive the money you deserve while you recover.
PK Simpson prides itself on being a firm that can help you with any claim for Workers' Compensation, so call us today or enquire online so we can help you through the maze and explain what you should do in your particular situation. Phone us on 1300 757 467 or email enquiries@pksimpson.com.au.