Injured at Work in NSW? Your Top 10 Claim Questions Answered
No one goes to work expecting to get hurt, but accidents do happen — and they’re more common than you think. In fact, every year, around 3.5% of Australian workers experience a serious injury in the workplace. If you’d been injured at work in NSW, you may have a workers compensation claim.
In this post, we’ve answered the 10 most common questions we hear from injured workers: from who can claim to what benefits are available.
If your question isn’t covered (or you’d just prefer to speak with someone now), our specialist work injury lawyers are just a call away. We’ll listen to your story and answer any questions about your work injury claim — completely free of charge.
1. Can I make a workers compensation claim?
If you’ve been injured or become unwell because of your job, chances are you’re eligible to make a workers compensation claim in NSW.
The NSW workers comp scheme covers almost all types of work-related injuries and illnesses, no matter:
- Who was at fault for the accident.
- Whether you’re a full-time, part-time, or casual employee.
- If your injury is psychological, like stress, anxiety, or depression, as long as your job directly caused or aggravated the condition.
Still unsure if you qualify? Don’t stress — our workers compensation lawyers can assess your situation for free. We’ve helped thousands of injured workers across NSW and know how to make sure you get the support and compensation you’re entitled to.
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Find out if you’re eligible for a work injury claim today.
2. What should I do if I’m injured at work?
If you get injured at work, the steps you take straight away can make a big difference to your recovery and your workers compensation claim. Here’s what to do:
- Get medical help immediately: It’s important to get treatment fast, even if your injury feels minor. A doctor’s report creates an important record of what happened.
- Notify your employer quickly: You must tell them about your injury in writing within 30 days; otherwise, your claim could be at risk.
- Get a medical certificate: Ask your doctor for a Medical Certificate of Capacity. This is the official document you’ll need to support your claim.
- Complete a claim form: Ask your employer for a workers compensation claim form. You can also get a claim form from the NSW workers comp scheme, iCare.
3. How much workplace injury compensation can I get?
The compensation you may receive for a workplace injury in NSW depends on how the injury happened, who was responsible, and whether it has long-term effects. Generally, there are three main types of workers compensation you might be eligible for:
Basic workers compensation entitlements
If your injury occurred at work, you’re usually entitled to basic workers compensation, which can include:
- Weekly wage replacement payments.
- Medical and hospital expenses, including treatment, surgery, and necessary medications.
- Rehabilitation and return-to-work support, such as physiotherapy, occupational therapy, or workplace modifications.
- Travel between appointments related to your recovery.
Am I entitled to full pay while on workers compensation?
In NSW, you can receive up to 95% of your pre-injury income initially. The amount decreases over time, and you must meet certain impairment thresholds to continue receiving payments. See the table below for a detailed breakdown.
| Weeks Since Injury | Payment Rate | Details |
| Weeks 1–13 | Up to 95% of your pre-injury income (including overtime & allowances). | You receive almost your full wage for the first 13 weeks. |
| Weeks 14–130 | Up to 80% of your pre-injury income (or 95% if you have no current work capacity). | Payments drop to 80% if you’re working reduced hours, but remain at 95% if you can’t work at all. |
| After 130 weeks (2.5 years) | Up to 80% of your pre-injury income. | Payments can continue if you're assessed as having 'high needs' (over 20% impairment) or if you're working over 15 hours but unlikely to return to your pre-injury workload. |
| After 260 weeks (5 years) | Up to 80% of your pre-injury income. | Only workers with over 20% impairment are entitled to keep receiving weekly benefits beyond 5 years. |
Permanent impairment lump sums
If your injury has long-lasting effects, you may qualify for an extra lump sum payment on top of your basic workers comp benefits. In NSW, this requires a Whole Person Impairment (WPI) assessment, which measures how much your injury permanently affects your life. To qualify for a lump sum payment, you generally need at least 11% WPI.
You can read more in our guide to lump sum workers compensation payments.
Work injury damages
If your injury was caused by your employer’s negligence, you may also be eligible for a work injury damages claim. Common examples include inadequate training, poorly-maintained equipment or improper safety gear.
To qualify, you’ll need to have at least 15% Whole Person Impairment and have already received your statutory lump sum entitlements.
A work injury damages claim can result in significant compensation, sometimes reaching hundreds of thousands of dollars (or even millions in serious cases).
Depending on your situation, your compensation may cover:
- Future loss of income and superannuation.
- Ongoing medical and rehabilitation expenses.
- Pain and suffering (for first responders like paramedics and police officers).
4. How long do I have to start a work injury claim?
You need to notify your employer within 30 days of injury. You’ll then have six months to submit your workers compensation claim.
Once that’s done and iCare (or your workers comp insurer) has received all necessary information and reports, they have 21 days to assess your claim.
If you’re outside the six-month window, you still have options — just get in touch today. Our work injury attorneys have years of experience handling delayed claims and can apply for a time limit exception on your behalf.
5. Can I make a claim while I’m still receiving treatment?
Yes, you don’t need to be fully recovered or finished with treatment to lodge a workers compensation claim. In fact, starting your claim early is usually better.
It’s important to report your injury to your employer and iCare (or your workers compensation insurer) as soon as possible. Once they’re notified, provisional payments can begin within 7 days.
These payments can provide a financial safety net while your full claim is assessed, covering weekly compensation and reasonably necessary medical treatment.
6. Can I claim if I’m a contractor injured at work?
Independent contractors and subcontractors aren’t automatically covered by workers compensation. To claim, you usually need to be classed as a ‘deemed worker’, meaning the law treats you like an employee for compensation purposes.
The key factors to look at are:
- Whether you primarily work for one company.
- If you use employer-provided tools or equipment.
- If your employer has control over how, when, and where you work.
- Whether you have ongoing work with the company.
- If you receive regular wages rather than one-off invoices.
If several of these apply, you may be eligible to claim for a work injury. However, claiming as a contractor can be complex, so it’s crucial to speak to an expert work injury lawyer before starting.
To learn more, head to our complete guide to compensation for a contractor injured at work.
7. Do you get paid if you injure yourself at work?
Yes, even if the injury was your own fault, you can usually claim workers compensation. This may include:
- Weekly payments of up to 95% of your pre-injury salary.
- Medical and treatment costs.
- Rehabilitation support.
- Travel expenses for treatment.
- A lump sum for permanent impairment if your injury results in 11% or more Whole Person Impairment (WPI).
However, you cannot make a work injury damages claim if the injury was entirely your own fault.
8. Can I be fired after an injury at work?
In NSW, the Workers Compensation Act protects your job if you’re injured or become unfit for work due to a workplace injury. Your employer cannot legally dismiss you within the first six months after your injury.
After six months, if you’re still unable to return to your role, your employer may have grounds to terminate your employment.
If you’re on workers compensation and worried about being dismissed, contact our lawyers. We can advise you on your rights, help prevent unlawful termination, and support you through any employment or compensation issues.
9. How much will my claim cost?
Every workers compensation claim in NSW is covered by the Independent Review Office (IRO), so we can help with your case for free.
If your injury was caused by employer negligence, the IRO doesn’t cover your work injury damages claim — but you’re still protected by our No Win No Fee guarantee. Here’s what this means for you:
- No upfront costs: We cover every upfront fee related to your claim, including filing fees and expert evidence, so you’re never a cent out of pocket.
- Truly No Win No Fee: If your claim is unsuccessful, you’ll never get a bill from us.
- Fee cap of 30%: Our legal fees will never exceed 30% of your compensation.
- Keep more of your payout: In most successful claims, we recover our costs from the insurer, so you keep more (if not all) of your compensation.
- Transparent pricing: You receive a written breakdown of fees before we start, so there are no last-minute surprises.
10. Do I really need a work injury lawyer for my claim?
You can represent yourself in a workers compensation claim, but doing so can mean missing out on important entitlements. A specialist lawyer helps uncover additional claims and ensures you get the maximum compensation.
And the best part? All NSW work injury claims are covered by the Independent Review Office (IRO), so we can help you for free.
Working with a lawyer also saves you time, stress, and effort. At every stage of your claim, we will:
- Assess exactly how much compensation you’re entitled to.
- Answer your questions quickly and clearly.
- Advise on the best strategy for your claim.
- Negotiate directly with insurers on your behalf.
- Gather and organise all necessary evidence.
- Challenge any evidence the insurer provides.
- Identify extra entitlements, such as a Total and Permanent Disability (TPD) payout through your super policy.
- Ensure you receive the full compensation you deserve.
Our comprehensive approach consistently delivers results. Hundreds of satisfied clients can vouch for it. Contact us today for a free consultation and see how we can help.
