Workers compensation claims in NSW should be made within six months of the accident or injury.

However, there are exceptions where you can exceed this time limit. For example:

1. A claim can be made up to three years after the accident in some situations (eg if you’ve been travelling or you make an honest mistake)
2. If a claim relates to an injury resulting in death or serious and permanent impairment, the claim may still be made after three years, if there’s a reasonable cause for the delay
3. If it’s been more than three years since the accident then a claim may still be made with SIRA approval

There are also special arrangements if you become aware of an injury a long time after the accident. In these cases, the time limit for workers compensation claims starts from the time you become aware of your injury and the reasons for it.

After your claim is submitted by your employer, the insurer has 14 days to notify you whether:

1. Your claim is accepted
2. There’s not enough information to make a decision and they need more time
3. Your claim is denied

If your claim is accepted, you should start receiving payments straight away.

The following table summarises the weekly workers compensation payments in NSW you may be eligible to claim for injuries that have occured after 21 October, 2019:

*Able to return to suitable employment but not pre-injury employment

**WPI is whole person impairment – a scale used to measure the extent of your injuries

The maximum weekly compensation amount is capped and indexed in April and October each year.

The maximum amount from 1 October 2020 to 31 March 2021 is $2,242.40

There are two ways you can get a workers compensation lump sum settlement:

If your workers compensation claim is rejected, there are options open to you to dispute the decision. The insurer that has denied your claim must notify you in writing of their reasons for the denial and provide information on the next steps available to you.

Here are some examples of common disputes:

1. The insurer doesn’t consider the person making the claim to be a ‘worker’ (under the legislation)
2. The insurer considers that employment wasn’t the main contributing factor to the injury
3. It wasn’t ‘reasonably necessary’ to have the medical treatment or to incur other expenses claimed

On 1 March 2021, the Personal Injury Commission (PIC) became the central body for resolving all workers compensation disputes.

If you have a dispute with an insurer, here are some options:

1. Request an internal review by the insurer, who must respond within 14 days
2. Lodge a dispute directly with the PIC

You can call Law Partners on 13 15 15 and we’ll provide free advice over the phone, including whether you’re entitled to legal representation at no cost to you

You can claim workers compensation without using a lawyer. However, every workers compensation claim is different, and it can be hard to know if you’re getting everything you’re entitled to. It’s also common for insurers to deny part or all of a compensation claim. Our workers compensation lawyers can review your claim and make sure you receive your full entitlements. If you find yourself in a dispute with an insurer, having a lawyer on your side will give you a much better chance of success.

Law Partners will provide you with free advice, and in NSW we can often get all your legal costs covered by IRO (the Independent Review Office) so that there’s no cost to you.

We’ll apply to IRO (the Independent Review Office) for funding on your behalf, and this may cover all your legal fees. If you’re pursuing legal action (such as a work injury damages claim), we’ll offer to work on a no win no fee basis, so you only need to pay us if you win.

NSW legislation stipulates the fees lawyers can charge to assist with your claim. Law firms can’t charge a percentage of your compensation – they must charge an hourly rate, or a fixed fee for each service they provide to you. We’ll carefully explain our fixed fee cost structure to you in a costs agreement, to make sure you’re completely comfortable with it, prior to starting work on your claim.

Caring for our clients drives everything we do – that’s why thousands of Australians every year choose Law Partners.

• We’ll match you with a lawyer who specialises workers compensation claims like yours.
• We’ll build a personal relationship with you and your family to make sure we understand the true impact of your injuries.
• Your workers comp team will check in with you regularly and always keep you up to date with your case.
• We win over 99% of our cases and pride ourselves in winning more compensation.