Every day, workers across NSW are injured in accidents, develop long-term conditions, or become unwell because of their job. And while workplace injuries are common, the impact can be overwhelming: time off work, lost income, rising medical bills, and ongoing rehab costs.
If you’ve been injured at work in NSW, following these five steps can protect your rights and ensure you get the treatment and compensation you deserve. We’ll cover what to do right after you’re injured at work, how to report the incident, and key steps to securing your payout.
Prefer to speak with a work injury expert now? Our lawyers are always here to explain your options and guide you through the claims process, free of charge.
Even if your injury feels minor, always see a doctor as soon as possible. We recommend visiting your own GP rather than a company-appointed doctor. Your GP knows your medical history, can provide a thorough assessment, and is better placed to identify any injuries you may not have noticed.
Your doctor’s report not only ensures you receive the right treatment but also creates a vital record of your injury. This record will be vital evidence if you decide to make a workers compensation claim in the future.
Remember: You don’t have to let a company representative attend your GP appointment. This isn’t a requirement under NSW workers compensation law, and it’s a breach of your privacy.
Find out if you’re eligible for a work injury claim today.
Under NSW law, you must notify your employer of your injury in writing within 30 days, even if they already know about it. Failing to do so could put your claim at risk.
While your workplace may have its own reporting process, it’s important to also keep your own written record. Write down the details of what happened in your own words and keep a copy for yourself.
If your injury was linked to a safety issue you’d previously raised with your employer, make sure to note this too. Keep any supporting evidence, such as earlier incident reports, emails, text messages, or written notes. All of these are valid evidence and can strengthen your future injury at work claim.
Your GP will need to issue you a Medical Certificate of Capacity. This is a crucial document for your workers compensation claim in NSW. It outlines:
Most GPs are familiar with the process and will provide this certificate automatically for employees injured at work. But if they don’t, be sure to ask for one.
This certificate is not just paperwork — it’s the key evidence insurers and employers rely on to decide what support and payments you receive.
Keep a copy of the Medical Certificate for your records, and make sure your employer and workers comp insurer receive one too.
Your doctor will recommend how much time you need off work and what treatment or rehab is required. This will also be set out in your Medical Certificate of Capacity.
It’s vital to follow this medical advice and not return to work too early. Doing so could make your injury worse or slow your recovery. If your employer pressures you to perform duties beyond your medical restrictions or return before you’re ready, this is unlawful. Our expert work injury lawyers have dealt with hundreds of pushy employers and can step in to protect your rights.
While you’re off work, you should receive weekly income replacement payments plus coverage for reasonable medical expenses. These are known as ‘provisional payments’ and they’re designed to provide a financial safety net while your claim is assessed. While you’re not entitled to full pay if you’re injured at work, you can get up to 95% of your pre-injury income.
Importantly, your insurer must begin provisional payments within seven days of being notified of your injury. If they’re delaying or refusing provisional payments, get in touch with us. We deal with the NSW workers comp system every day and can take immediate action to get things moving so you’re not left without income.
To make your workers compensation claim official, you’ll need to fill out a Workers Compensation Claim Form.
To get one, you can:
The claim form will usually ask for:
Once completed, submit the form to your employer or their insurer. This step officially triggers the claims process. Make sure you keep a copy for your own records.
If you’re unsure how to fill it out or worried about making a mistake that could affect your work injury compensation, our lawyers can prepare the form for you and lodge it directly with the insurer.
In NSW, all workers compensation claims are fully funded by the Independent Review Office (IRO), so you can get legal help for free. That’s why it’s always a smart move to speak with a work injury lawyer before lodging your claim, even if your case seems straightforward.
Our lawyers can help if:
Use our online claim checker to instantly find out if you have a claim. Alternatively, just give us a ring — our expert lawyers are always ready to answer your questions.
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