How long do I have to make a workers compensation claim in NSW?
In NSW, you generally have six months to notify your employer of a workplace injury and three years from the date of injury or accident to make a formal workers' compensation claim. Delays are possible but require a reasonable excuse.
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How it works in practice
Notification and Claim Timeframes
Important exceptions
While the three-year claim limit is strict, exceptions can be made if a reasonable cause for the delay is demonstrated. This might include instances where the injury or disease was not immediately apparent, the worker was incapacitated, or there were ongoing negotiations about liability. However, the longer the delay, the more difficult it becomes to prove a reasonable cause.
Legal advice should be sought if you are outside these timeframes, as specific circumstances can influence your eligibility to proceed with a late claim.
What you should do now
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Immediately notify your employer of the injury and how it happened, even if it seems minor. Request an entry in their injury register.
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Seek medical attention promptly for your injury, ensuring the doctor records that it is work-related.
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Complete and submit a formal Workers Compensation Claim Form to your employer as soon as possible, ideally within six months of the injury.
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Keep detailed records of all medical appointments, treatments, expenses, and communication with your employer or insurer.
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If facing difficulties or delays, seek legal advice from a lawyer specialising in workers' compensation claims in NSW.
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