Workers Compensation NSW Claim Process

Learn about the New South Wales workers compensation claim process and how Shine Lawyers’ expert WorkCover lawyers can help.

6 minute read

Workers' compensation

New South Wales Workers Compensation

If you're injured or become ill because of your work in NSW, you may be eligible to make a workers compensation claim. If your workers compensation NSW claim is successful, you’ll receive regular payments to help with the cost of lost wages, as well as medical treatment, rehabilitation, and return to work assistance.

It’s important to seek legal advice from trusted workers compensation lawyers as soon as possible, relevant to your specific circumstances. You may be entitled to lump sum compensation for permanent impairment.

State Insurance Regulatory Authority (SIRA) and icare

SIRA regulates the New South Wales workers compensation insurance scheme. By law, employers must have workplace insurance for their employees. icare is the main workers compensation NSW insurer for employers. If your employer isn’t covered by icare (or another licensed workers compensation insurer), you can still make a workers compensation claim.

SafeWork NSW

SafeWork NSW is the workplace health and safety regulator in New South Wales.

Who can make a workers compensation NSW claim?

You can make a workers compensation NSW claim if:

You’re a worker under the NSW workers compensation laws
You’re injured at work in NSW or become ill because of your work
Your work significantly contributed to your illness or injury

Our team of expert workers compensation lawyers in NSW will listen to your situation to understand your work-related injury circumstances and can advise you on your best compensation options.

Workers compensation NSW process

There are several steps to follow, to gather the necessary information for completing and submitting your workers compensation NSW claim.

At any stage during the workers compensation NSW claim process, get in touch with Shine Lawyers. Our expert workers compensation lawyers in NSW can help with all aspects of your claim.

Seek immediate medical treatment (if necessary)

If necessary, get immediate first aid or medical attention for your work-related injury or illness (call 000 if necessary).

Notify your employer about your work-related injury or illness

Under workers compensation NSW laws, you must notify your employer of your work-related injury or illness as soon as possible after it happens. Ideally, your injury or illness should be recorded in writing. An injured worker has 6 months from the date of injury to notify the employer or insurer of an injury (with up to three years in very specific circumstances).

Notify icare (or other workplace insurer)

Your employer must notify icare within 48 hours of you informing them of your injury or illness.

If they don't, you (or your nominated representative, such as a family member or your doctor) can notify icare by calling on 13 77 22 or filling out an online icare claim management form.

Record your workers compensation NSW claim number

Once the relevant insurer has been notified of your work-related injury or illness, they’ll contact you. Keep a note of your workers compensation NSW claim number, as it’s relevant throughout your whole claim.

If you or your representative notifies icare of your work-related injury or illness, you’ll have already received your claim number.

See your nominated treating doctor and get a SIRA Certificate of Capacity

It’s important to know:

The choice of nominated treating doctor is yours, not your employer’s
You can see your usual GP or ask family and friends for a recommendation.
You may need to see a medical specialist for your work-related injury or illness
Your employer should not be present during your medical examinations
Explain the circumstances of your work-related injury or illness to your doctor, including every detail, no matter how minor you think it is

Ask your doctor for a SIRA Certificate of Capacity. Your doctor completes section 2 the Certificate, which details:

Your injury or illness
The treatment you require
Your capacity for work

The Certificate of Capacity can accompany your Worker’s injury claim form – if it doesn’t, you must indicate in section 5 of your Worker’s injury claim form when you will give it to your employer.

Submit your Certificate of Capacity (and keep a copy)

Once you have obtained your Certificate of Capacity, give it to your employer and/or provide it directly to the insurer.

You can also complete a Worker’s Injury Claim Form if you wish to do so. However, it is not required in order for the insurer to process your claim.

The insurer will usually have 12 weeks to investigate and determine final liability for your claim. However, if you complete a Worker’s Injury Claim Form, the insurer will only have 21 days.

Keep a copy of any formand certificate for your own records.

You should also keep a record of all your medical costs and any time you need to take off work because of your injury or illness.

Contact Shine Lawyers

If you haven’t already, get in touch with Shine Lawyers’ expert workers’ compensation team. During your obligation-free meeting, we’ll listen to what happened to you, and the impact your injury or illness is having on your life and ability to work. We can advise you of your eligibility to claim workers' compensation in NSW, and your best compensation options. Our workers’ compensation lawyers work on a No Win No Fee* basis. *Conditions apply

Time limits for claiming workers compensation in NSW

It’s important to act quickly if you’re injured or become ill because of your work in NSW. There are strict time limits involved in the workers compensation NSW process, including:

You must apply for workers compensation in NSW within 6 months of your entitlement to apply (with up to three years in very specific circumstances) - in practice, this can mean within 6 months of the cause of your work-related injury or illness
Your employer must forward your Worker’s injury claim form to their insurer within 7 days of receiving it
If you submit a claim form, the insurer must decide on liability for all or part of your claim within 21 days of your claim being made

There are limited exceptions for submitting a workers compensation NSW claim late. An expert workers’ compensation lawyer can advise you if this is your situation.

How Shine Lawyers can help with your workers compensation claim in NSW

Shine Lawyers can help with all aspects of your workers compensation NSW claim, even if you’ve already submitted your claim. A successful New South Wales workers compensation claim could help you to protect what matters for you and your family.

If you’d like to read more about myths and misconceptions about workers compensation in NSW and elsewhere, you’ll find information:

You can also complete a free claim check here.

Written by Shine Lawyers. Last modified: 18/12/2024.

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