In NSW, work injuries are dealt with under the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998, overseen by the State Insurance Regulatory Authority (SIRA) and, for disputes, the Personal Injury Commission.(NSW Legislation)

The scheme expects early reporting, early treatment and a focus on safe recovery at or back to work wherever possible.(SIRA)

The five practical steps for an injured worker are set out below.

Step 1: Make the situation safe and get urgent medical help

The first priority is immediate safety and medical care.

  • If there is an emergency or risk to life, emergency services must be contacted and first aid provided. NSW safety regulators emphasise that urgent medical treatment comes first and that serious incidents require emergency response.(SIRA)
  • For serious injury, illness, a dangerous incident or a death, the incident is likely to be a notifiable incident. In NSW these must be reported to SafeWork NSW without delay by the person conducting the business or undertaking.(SafeWork NSW)

From the worker’s perspective, the key points at this stage are:

  • Obtain appropriate medical care as soon as possible from a GP, emergency department or other suitable provider
  • Make sure the treating practitioner is told that the injury is work related and how it occurred, so that the notes and diagnosis clearly link the condition to work(SIRA)

This early medical record often becomes critical evidence later in the claim.

Step 2: Tell the employer and create a written record

NSW law requires prompt notice of injury to the employer. SIRA guidance stresses that a worker must tell the employer about a work related injury as soon as possible after it occurs, and that the employer must then act and notify their insurer.(SIRA)

Practical elements for the worker:

  • Notify a supervisor, manager or HR as soon as reasonably possible
  • Use the workplace incident or injury register, email or written form, ensuring the report includes
    • date and time
    • exact location
    • mechanism of injury
    • witnesses if any
  • Keep a copy or screenshot of whatever is submitted as proof of notice

Current commentary on NSW workers compensation indicates:

  • Notice of injury to the employer should be given within 30 days of the incident
  • A formal workers compensation claim generally should be lodged within six months of the injury or of becoming aware of the injury, with limited statutory exceptions for late claims(lexmens.com.au)

Failure to give notice or lodge a claim within these timeframes can create avoidable forensic and legal issues.

Step 3: Obtain a proper medical certificate and follow treatment

After initial treatment, the case must be documented in the form the scheme requires.

Key points:

  • Choose a treating doctor to act as the nominated treating doctor. SIRA material confirms the worker can choose their own doctor.(SIRA)
  • Ask the doctor to issue a SIRA Certificate of Capacity (or SIRA approved medical certificate), not just a generic medical certificate. This document describes the diagnosis, work capacity, and any restrictions, and is required for weekly compensation payments.(SIRA)
  • Ensure the certificate clearly records that the condition is work related and describes the mechanism of injury in plain terms
  • Provide the certificate to the employer and insurer promptly and keep copies of all certificates and reports

SIRA’s recovery and injury management framework requires prompt treatment and active management of injuries, with a focus on getting the worker safely back to suitable duties rather than leaving them off work unnecessarily.(NSW Legislation)

Attending appointments, following reasonable treatment recommendations and supplying updated Certificates of Capacity on time all influence how the insurer assesses the claim and capacity for work.

Step 4: Lodge and manage the workers compensation claim

Once the employer and insurer are aware of the injury and initial certificates are in place, the claim itself must be put on foot and managed.

Core actions for the worker:

  • Complete a workers compensation claim form or injury claim form, giving a clear account of the incident and injuries
  • Provide the form and supporting material to the employer or directly to the insurer, depending on local practice
  • Ensure the insurer has
    • Certificates of Capacity
    • relevant medical reports
    • wage information for pre injury average weekly earnings

Industry guides and practitioner commentary emphasise that the claim form and early information form the foundation of how the insurer views liability and causation.(SIRA)

Once notified, icare scheme insurers or other licensed insurers must contact the worker, consider provisional liability, and decide the claim in accordance with the legislation and SIRA standards.(SIRA)

Typical entitlements, if the claim is accepted, can include:

  • Weekly payments of income support for loss of earnings due to reduced work capacity(SIRA)
  • Payment of reasonably necessary medical and related treatment
  • In some cases, lump sum compensation for permanent impairment, and access to work injury damages where statutory thresholds are met(Law Society of New South Wales)

Throughout this step, the worker should keep a file of all correspondence, decisions, case conference notes and receipts.

Step 5: Focus on recovery at work and protect legal rights

NSW policy places heavy emphasis on recovery through work. That means staying at work on suitable duties or returning to work as soon as safely possible, with employer and insurer support.(SIRA)

From the worker’s perspective, this step combines rehabilitation obligations with protection of legal rights.

Key aspects:

  • Participate in injury management and return to work planning. Employers must have return to work programs and support injured workers to recover at and or return to work if they have some capacity.(SIRA)
  • Cooperate with reasonable recovery at work plans, workplace rehabilitation providers and suitable duties, while ensuring that duties offered are consistent with medical restrictions(SIRA)
  • Monitor insurer decisions about weekly payments, treatment approvals, permanent impairment assessment and other entitlements, and keep all decision letters

If an insurer denies liability, reduces benefits, refuses treatment or otherwise makes an adverse decision, the worker has access to dispute pathways.

  • The Personal Injury Commission is the independent tribunal that resolves workers compensation disputes between workers, employers and insurers in NSW, through legal, medical and expedited dispute pathways.(Personal Injury Commission)
  • Workers can apply to the Commission after a claim has been made and an insurer decision has been issued, if they are not satisfied with that decision.(Personal Injury Commission)

Current policy debate in NSW includes proposed reforms to workers compensation, particularly for psychological injuries, which may alter thresholds and eligibility criteria.

Given these moving parts and strict time limits, many workers obtain specific legal advice about their entitlements, dispute options and potential common law rights, particularly where injuries are serious or long term.