What is workers compensation in NSW and how do I claim?
Workers' compensation in NSW provides financial support and medical assistance to employees injured or made ill due to their work. To claim, you must notify your employer, seek medical attention, and lodge a claim form with your employer's insurer.
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How it works in practice
Understanding Workers' Compensation in NSW
Workers' compensation is a compulsory insurance scheme in New South Wales designed to protect employees who suffer work-related injuries or illnesses. It covers a range of benefits, including weekly payments for lost wages, medical and rehabilitation expenses, and lump sum payments for permanent impairment. The scheme aims to ensure injured workers receive necessary care and support to return to work, or if that's not possible, to live as independently as possible.
Eligibility and Coverage
To be eligible for workers' compensation in NSW, you must be a 'worker' under the legislation, and your injury or illness must have arisen out of or in the course of your employment. This includes physical injuries, psychological injuries, and diseases contracted due to work. It's crucial to report your injury or illness promptly to your employer to initiate the process and ensure your rights are protected under the scheme.
Important exceptions
Not all injuries or illnesses are automatically covered. Claims may be denied if the injury was not directly work-related, if you were under the influence of drugs or alcohol at the time, or if the claim was lodged outside the statutory time limits without a reasonable excuse. Pre-existing conditions might also complicate claims if the work activity was not the main contributing factor. Claims for psychological injury have specific criteria, often requiring the injury not to be a result of reasonable management action taken in a reasonable way.
What you should do now
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Report your injury to your employer immediately. This should ideally be done within 24-48 hours, or as soon as practicable, and recorded in their incident register.
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Seek medical attention from a doctor and obtain a WorkCover Certificate of Capacity (or similar medical certificate), detailing your injury and capacity for work.
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Complete a Workers' Compensation Claim Form. This form can usually be obtained from your employer or their insurer, or downloaded from the SIRA website.
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Lodge the completed claim form and your medical certificate with your employer or directly with their workers' compensation insurer.
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Follow up with your employer and insurer. Keep detailed records of all communications, medical appointments, and expenses related to your injury and claim.
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