Getting injured at work in NSW doesn’t come with a manual on what to do and your rights. While there’s formal documentation out there, it can be wordy and complex, leaving you confused and stressed when you should be focusing on your recovery.

At LHD Lawyers, we specialise in workers’ compensation in NSW, helping injured workers navigate the claims process and access the benefits they deserve. We can help you understand your rights, manage your claim and secure your future, whether you’ve had a fall on a job site, or sustained psychological injuries from bullying or unsafe workloads.

Pursuing workers’ comp in NSW also won’t cost you anything. Your legal fees are covered by either the Independent Review Office (IRO) or the workers’ compensation insurer, so you can start your claim without a cent. To help get you started, this guide will walk you through the process and other information you need to know.

• What is workers’ compensation in NSW?
• Who is eligible to make a claim?
• What can you claim under workers’ compensation in NSW?
• Workers’ compensation payouts and settlements in NSW
• How to make a workers’ compensation claim in NSW (Step-by-Step)
• How long do you have to make a claim?
• What happens after you lodge a claim?
• How LHD Lawyers can help
• Frequently Asked Questions

What Is Workers’ Compensation in NSW?

NSW workers compensation is designed to help support employees who are injured or made ill through their work. Full-time, part-time, apprentice and casual workers in this situation can make a claim for payments to help cover financial, medical and rehabilitation costs while you recover.

Our NSW workers compensation lawyers can help assess your eligibility and options, giving you a clear path ahead. Contact us for a free assessment.

Workers’ Compensation Legislation and Governing Body in New South Wales

Formerly known as WorkCover NSW, the governing authority for workers’ compensation in the state is now broken up into:

• SIRA (State Insurance Regulatory Authority), which regulates workers’ compensation insurers and the compensation scheme.
• SafeWork NSW, which handles workplace health and safety enforcement.

Together, these laws govern different parts of the NSW workers’ compensation system, including eligibility, claim processes, injury management, and return-to-work obligations.

Oversight and support are also provided by independent bodies. The Independent Review Office (IRO) funds legal assistance for injured workers and supports the fair resolution of disputes, while the Personal Injury Commission (PIC) operates as an independent tribunal responsible for determining workers’ compensation disputes in NSW.

Who Is Eligible to Make a Claim?

In New South Wales, most workers are covered by workers’ compensation if they’ve been injured or become ill as part of their work, including:

• Full-time employees
• Part-time employees
• Casual workers
• Apprentices and trainees

However, eligibility for New South Wales workers’ compensation is not limited to just sudden accidents, like a back injury from a fall on a worksite in Dubbo or slicing your hand working in a Maitland restaurant. Workers’ compensation can also apply when:

• A pre-existing injury or condition is made worse at work.
• An injury develops gradually over time.
• You suffer a psychological injury linked to work stress, bullying, harassment or a traumatic incident.

It’s not specific to a certain injury or location. For example, a hospitality worker in Byron Bay or a retail staff member in Newcastle is just as eligible to make a claim as a first responder or healthcare worker in Port Macquarie or an office worker in Sydney. You do not need to prove or disprove fault to be eligible, and in most cases, it’s enough to show the injury or illness came out of doing your day-to-day job.

Many people, like contractors, FIFO workers, labourers and volunteers, automatically assume they’re not eligible. Even if you’re unsure, our lawyers are here to help you gain certainty.

What Can You Claim Under Workers’ Compensation in NSW?

What you can claim under workers’ compensation in NSW depends on the type of injury, its impact and work capacity. The most common types of support include:

These benefits are not just about compensating you for loss, but also helping you access treatment, stay financially stable during your recovery and regain your independence at work, wherever possible. As mentioned, the amounts and what you can claim depend on your specific circumstances. For more information, view our workers’ compensation payout guide.

Workers’ Compensation Payouts and Settlements in New South Wales

Once a NSW workers’ comp claim is accepted, the NSW Workers’ Compensation Scheme assesses your situation based on medical evidence and employment evidence to determine which payment or payments may support you best, including:

As every claim can differ and decisions made at different stages of the claim can affect your options later, it’s a good idea to get professional advice from the start. This is where our workplace accidents team at LHD Lawyers can assess your circumstances and give you personalised guidance.

We also have a handy workers’ compensation payout guide with more information on compensation payouts and settlements across Australia.

How to Make a Workers’ Compensation Claim in NSW (Step-by-Step)

Whether you’re making a workers’ compensation claim in Coffs Harbour, Taree, Erina, Tamworth or the capital itself, the process is roughly the same, including:

Step 1: Make your employer aware of the incident

Once you’re aware you have been injured or made ill, your employer is the first person you should get in touch with. They may file an incident report depending on how the accident occurred and get the process for starting a Workers’ Compensation Claim Form started.

Step 2: Get a Certificate of Capacity from your doctor

Even if you don’t need to go to the hospital for your injury, a visit to your doctor to document your injury and current capacity is very important. They will give you what’s called a Certificate of Capacity detailing your current state and ability to work to attach to your claim.

Step 3: Lodge your Workers Compensation Claim Form

Either you or your employer can lodge your Workers Compensation Claim Form. Keep in mind, the sooner it’s done, the sooner you can access support. Once you let your employer know of your work-related injury and receive a claim, they have 7 days to pass it onto their workers’ compensation insurer with your Certificate of Capacity.

Step 4: Get legal help

Getting legal advice specific to your workers’ compensation claim in NSW can help you learn your options and guide you on the process.In New South Wales, most workers’ compensation legal costs are covered by the Independent Review Office (IRO) or the insurer, meaning you generally won’t pay legal fees out of pocket.

Common Issues That Can Delay a Workers’ Compensation Claim

Delays in a work injury damages claim in NSW are very normal, and while they may slow down your claim, they don’t automatically mean it’s been denied. Some of the common issues that can delay a claim include:

• Incomplete paperwork, such as missing details on the Workers Compensation Claim Form or Certificate of Capacity. The insurer may ask for clarification to continue.
• Medical information is still being gathered, such as your employer’s workers compensation insurer waiting for updated medical reports, treatment plans or confirmation of work capacity to enable them to make a decision.
• Employer or insurer follow-up delays, such as confirming your employment details, duties or circumstances of the injury.
• Timeframes built into the NSW system and how long insurers have to seek information and make a decision.

While these steps are there to make sure your claim is assessed properly, if you feel like it is taking too long or the process feels unclear, we can help. Our lawyers can make sure you’re not left wondering ‘how does workers’ compensation work in NSW’ while you’re trying to recover.

How Long Do You Have to Make a Claim?

In New South Wales, there are two main timeframes you need to be aware of to make sure you file your claim in time. These include:

• Notifying your employer of your injury or illness as soon as possible, ideally within 30 days of becoming aware of it yourself.
• In most cases, you should lodge your workers’ compensation claim within six months of becoming aware of your injury. Separate time limits apply if you are later eligible to pursue a work injury damages claim.

If your injury or illness is slow or not apparent immediately after an incident, you may be granted an extension of how long you have to make a claim. This is where speaking to a workers’ compensation lawyer, such as our team at LHD Lawyers, can help you understand if you’re eligible to make a claim and your options.

What Happens After You Lodge Your Claim?

After your claim for workers’ compensation is lodged in NSW, the insurer reviews the claim form, your Certificate of Capacity and the information provided by your employer. It’s very normal at this point if they contact you, your employer or your doctor for more information about the injury, your work duties and your capacity for work.

Timeframes in NSW

Under the NSW workers’ compensation scheme, insurers often make a decision within 7 days of being notified, and a full decision is typically made within 21 days of the claim being lodged.

This may be longer if the insurer needs more information or if there are delays in gaining the information. Remember, delays do not automatically mean your claim has been denied.

Possible Outcomes

After reviewing your workers’ compensation claim, the insurer may:

• Provisionally accept your claim
• Accept the claim
• Decline the claim

If the claim is delayed, unclear or declined, you can request for the claim to be reviewed through the Independent Review Office (IRO) or the Personal Injury Commission of NSW). When you’re not sure what step to take or if something is ‘normal’, then seeking legal advice can give you clarity on your options and the process.

How LHD Lawyers Can Help

We understand there is a lot of information to learn and absorb about workers’ compensation in NSW. That’s why we are here. Our compassionate lawyers help people who have been injured or made ill through work understand their options, get clarity on the process, sort out paperwork, look after insurer communication and manage disputes.

There’s no cost to get started, with claims handled under our no win, no fee agreement. If you’re unsure where to start or what happens next, our team can explain your options in a free consultation. Contact us today.