Who can claim
Workers compensation covers employees who are injured at work or made ill by their work. This includes full-time, part-time and most casual employees. Some contractors are also treated as workers under the law, so it is worth checking even if you are not on the payroll.
The injury must arise out of or in the course of your employment, and your work must have been a substantial contributing factor to it. For a disease, your work must have been the main contributing factor.
Psychological injuries can be covered, but the law sets specific tests for them, and those tests changed in 2026. Compensation can be refused where the injury was caused by reasonable management action by the employer, such as a performance review or disciplinary action, so how the claim is put together matters from the start.
Journeys to and from work are covered only in some cases: there must be a real and substantial connection between your work and the accident. If you were hurt in a car accident, ask us whether workers compensation, a CTP car accident claim or both apply.
What you can claim
- Weekly payments — a percentage of your pre-injury average weekly earnings while you cannot work, or can only work reduced hours. The rate steps down over time, and payments after 130 weeks depend on further tests.
- Medical and treatment expenses — doctors, hospital, physiotherapy, medicines, rehabilitation and related travel. For new medical claims made from 1 October 2026, the treatment must be “reasonable and necessary”.
- A lump sum for permanent impairment — if your permanent impairment is assessed at more than 10% (at least 15% for a primary psychological injury).
- Help at home — in some cases, the cost of domestic assistance your injury makes necessary.
- Work injury damages — a separate claim against your employer where its negligence caused a serious injury.
- Death benefits — if a worker dies from a work injury, their dependants may be entitled to compensation, including a lump sum.
Our guide to your workers compensation rights in NSW explains what to do straight after an injury.
Claim refused or payments stopped
Insurers do refuse claims, cut off weekly payments and decline treatment. A decision against you is not the end of the road.
You can ask the insurer to review its decision, and it must give you the result within 14 days of your request. If the dispute is still not resolved, it can be referred to the Personal Injury Commission, which decides workers compensation disputes in NSW.
We gather the medical evidence, ask for the review and run your case in the Commission if it gets that far. Contact us as soon as you receive a decision letter so we can start straight away, and keep a copy of everything the insurer sends you.
Lump sums for permanent impairment
If your injury leaves lasting damage, you may be entitled to a lump sum based on your degree of permanent impairment, assessed by a permanent impairment assessor under the Workers Compensation Guidelines. The amount depends on the percentage assessed.
The 2026 changes make this step more important. You must now get independent legal advice before a permanent impairment assessment starts, and a second assessment is allowed only in limited circumstances. The law already allows only one lump sum claim for an injury, so the first assessment has to be right.
We give you that advice, which can be funded by the IRO, and make sure your medical evidence is complete before you are assessed.
Work injury damages
If your employer’s negligence caused your injury, you may be able to claim work injury damages from your employer. These damages cover past and future loss of earnings, and they are available only for serious injuries: your permanent impairment must be at least 15%, and for a psychological injury notified on or after 1 July 2026 the threshold is at least 25%.
Recovering damages generally ends your other workers compensation entitlements for that injury, so the decision needs careful advice. Strict time limits apply — court proceedings generally have to start within three years of the injury — so get advice early.
What it costs
Legal costs in a workers compensation dispute can be funded by the Independent Review Office (IRO): we apply for the funding for you, and the IRO decides each application against its funding criteria. The IRO runs the Independent Legal Assistance and Review Service (ILARS), which funds approved lawyers to advise and represent injured workers. A grant can cover our professional fees and approved costs, such as medical reports, needed to pursue your claim.
If funding is not granted, we tell you straight away and explain your options. The first consultation is free.
Work injury damages are not funded by the IRO. We run those claims under a written cost agreement, and we explain the costs in writing before you commit.
How we help
- We deal with the insurer so you do not have to
- Medical evidence, paperwork and deadlines handled for you
- Refused claims and stopped payments challenged
- IRO funding applied for on your behalf
- Independent advice before your impairment assessment