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What is WorkCover?

‘WorkCover’ was once the name for workplace injury claims in NSW. But all that changed in 2015 when WorkCover NSW was abolished and its responsibilities were split: icare now handles workers compensation claims, while SafeWork NSW oversees workplace safety and compliance.

If you’re making a claim today, it’s officially called a workers compensation claim and is processed through icare. That said, many people still refer to it as WorkCover out of habit.

But no matter what you call it, the essentials remain the same: workers compensation covers lost wages, medical costs, and rehab. If your injury is permanent, you could also be eligible for a lump sum payment. And if your employer’s negligence played a role, you may have a work injury damages claim, which can result in a much larger payout.

With over 25 years of experience, we know the NSW workers compensation system inside out. We’ll find every claim you’re entitled to, so you get the maximum compensation for your work injury.

Your workers compensation claim is completely free

All NSW workers compensation claims are government-funded by the Independent Review Office (IRO). That means that you will never receive a bill from us for the work that we do on your workers compensation claim.

If your impairment is permanent, you may have an additional claim such as TPD. These claims can result in substantial lump sum payments. While additional claims are not covered by the IRO, you’re still protected by our No Win No Fee guarantee.

Learn more about how the IRO funds your claim

Who is entitled to workers compensation?

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Find out if you’re eligible for workers compensation today.

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If you’re injured or ill because of your job, you may be entitled to workers compensation.

Almost all workplace injuries and illnesses are covered, and it doesn’t matter:

  • Who's at fault.
  • Whether you're a part-time, full-time, or casual worker.
  • If you're a subcontractor (in most cases).
  • If your injury is psychological (e.g. stress), as long as it was directly caused or aggravated by your job.

Not sure if you’re eligible? Our experienced workers compensation lawyers have successfully handled thousands of claims and can help you understand your rights. Insurance companies often take advantage of unrepresented workers, but with us in your corner, you’ll have someone fighting for the compensation you deserve.

Your first consultation is completely free, so there’s no risk in reaching out. Contact our work injury lawyers today for expert advice on your claim.

How to calculate workers compensation payments

Your weekly workers compensation payments are calculated based on your lost wages and medical bills. If you’re permanently impaired, you may receive an extra lump sum payout.

Most workers compensation claims include several basic entitlements:

  • Weekly payments: receive up to 95% of your pre-injury income.
  • Medical expenses: covers hospital bills, doctor visits, and treatment costs.
  • Rehabilitation and support: access counselling, therapy, and other recovery services.
  • Travel costs: get reimbursed for travel expenses related to medical appointments.

If your injury has lasting effects, you could be entitled to a lump sum payout. In NSW, this involves having your degree of Whole Person Impairment (WPI) assessed. This is a measure of how much the injury permanently affects your life. To qualify for a lump sum payment, you’ll need at least 11% WPI.

You can read more in our guide to lump sum payments in workers compensation claims.

What other work injury claims could I have?

If your employer’s negligence led to your injury, you could be entitled to a significant payout through a work injury damages claim. On top of that, your superannuation policy may offer monthly payments or a lump sum to support your recovery.

If your employer’s negligence led to your injury, you may have grounds for a work injury damages claim (also known as a common law damages claim). They may have provided improper safety gear, insufficient training, or failed to maintain a safe work environment.

Unlike standard workers compensation benefits, a work injury damages claim can provide a substantial lump sum to compensate for the full impact of your injury. Depending on your circumstances, your payout could cover:

  • Lost earnings: including past wages and future income potential.
  • Medical costs: for both immediate treatment and ongoing care.
  • Support and assistance: whether from professionals or family members.
  • Pain and suffering: the negative impact of the injury on your life.

Because these claims involve significant compensation, it’s essential to get legal advice early. Our experienced work injury lawyers can assess your eligibility and safeguard your rights throughout the claims process.

A workers compensation lawyer can also review your superannuation policy to uncover additional benefits you may be entitled to, including:

Each claim has specific eligibility requirements outlined in your super policy. To find out what you can claim, get in touch today. Our experienced workers compensation lawyers will break down your entitlements, handle the paperwork, and ensure you receive the full benefits you’re owed — quickly and hassle-free.

During your first consultation, your workers compensation solicitor will assess whether you’re eligible for any of these additional claims. This ensures you’re getting the maximum possible compensation for your work injury.

When do workers compensation payments start?

In NSW, workers compensation payments usually begin within seven days of reporting your injury to your employer. These initial payments, called provisional payments, are made while your claim is being assessed.

If your payments haven’t begun after seven days, reach out to us. Our expert workers compensation lawyers know how to push insurers into action and will work to get your payments started as soon as possible.

How long does workers compensation last?

Weekly workers compensation payments last anywhere from 13 weeks to five years. During this time, the amount you receive (and whether you’re still entitled to payments) will be periodically reviewed by your insurer.

After five years, workers compensation payments generally cease. To continue receiving weekly payments, your degree of Whole Person Impairment must be assessed at over 20%.

How to make a WorkCover claim in NSW

While the term WorkCover is no longer used, the process for making a claim has stayed largely the same. If you’ve been injured at work, you can expect your workers compensation claim to go through the following steps:

After a workplace injury, it’s important to:

  • Report the injury to your employer as soon as possible.
  • Seek medical treatment and obtain a ‘Certificate of Capacity’ from your doctor.
  • Request a workers compensation claim form to start the claims process.

Speak with a workers compensation lawyer as soon as possible. In a free consultation, we’ll explain whether you have a claim and how soon you can expect to get weekly payments. Your workers compensation lawyer will also assess whether you’re eligible for lump sum compensation and uncover any additional entitlements you may have.

If you decide to move forward with us, your workers compensation lawyer will get started on your claim right away. This includes securing any immediate benefits you need, such as medical expense coverage or extra support at home.

Your workers compensation lawyer will collect all the necessary evidence to prove the seriousness of your condition and its link to your job. This may include witness statements, expert opinions from our nationwide network of medical specialists, and other key documents.

Your workers compensation lawyer handles everything from filing your claim to managing the paperwork, making sure it meets all requirements, deadlines, and evidence standards. With a well-prepared claim, we help you avoid unnecessary delays and get your workers compensation payments as soon as possible.

We’re not just lawyers for workers compensation — we’ll make sure you get every additional entitlement you’re eligible for, from lump sum compensation for permanent impairment to negligence, TPD, and income protection claims. These can lead to significant payouts — often far more than a standard workers compensation claim alone.

Meet the team

Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’

Leon Monaco
Managing Partner
  • English, Russian
  • Workers Compensation, TPD, Motor Vehicle Accidents, Public Liability
Medea Hanna
Senior Associate
  • English
  • Workers Compensation, Comcare, Dust Disease
Jamie Palivos
Associate
  • English
  • Workers Compensation
Meet more of the team

Frequently asked questions

To claim workers compensation in NSW, you must notify your employer within 30 days of injury and file a claim within 6 months.

If you’ve missed this deadline, you may still have options — just get in touch today. Our workers compensation lawyers know all the time limit exceptions in NSW and can apply on your behalf. Over the years, we’ve helped countless injured workers get their delayed claims approved.

The time it takes to resolve a workers compensation claim depends on factors like the severity of your injury, what treatment you need, and how well your claim is prepared. Generally, once your condition stabilises, most claims wrap up within 12 months.

Over the years, our expert workers comp lawyers have developed efficient processes to speed up claims, helping you access your benefits sooner. That way, you can focus on recovery and getting your life back on track.

In NSW, it’s still possible to claim workers compensation after resigning. However, resigning can affect certain entitlements (such as weekly wage-replacement payments) and insurers may be less cooperative once you’ve left your job. Because of the financial and legal implications, it’s best to seek legal advice before making any decisions.

A workers comp lawyer can help ensure your claim is properly handled and that you receive all the compensation you’re entitled to, including lump sum payments and ongoing cover for medical expenses.

Yes, you can claim Centrelink while on workers compensation, but your payments may affect your eligibility for certain benefits.

Workers compensation payments are counted as income and assets, which can impact payments like JobSeeker, the Disability Support Pension, and the Age Pension.

In addition, if you receive a lump sum payment, Centrelink may apply a ‘preclusion period’, meaning you won’t qualify for certain workers compensation benefits until that period ends. Ongoing workers compensation payments may also reduce or pause your Centrelink entitlements.

With your financial security on the line, it’s always best to get advice from a lawyer for workers compensation before starting your claim. We can explain what you’re entitled to and how workers comp may interfere with your Centrelink payments.

An employer can’t refuse to hire you because you’ve made a previous workers compensation claim. However, if your injury affects your ability to perform certain tasks, it could impact your job prospects.

For example, an employer hiring a labourer can legally refuse someone with a pre-existing back injury. But if that person has fully recovered, their previous workers compensation claim can’t be used against them. Keep in mind that you must disclose past work injuries to new employers, as failing to do so could affect your eligibility for future workers compensation claims.

Yes, WorkCover and workers compensation mean the same thing and are largely used interchangeably. As we’ve discussed, the term ‘WorkCover’ is no longer officially used in NSW, but you still hear it thrown around.

However, in other states like Queensland and Victoria, the workers compensation scheme is still managed by an agency called WorkCover. This means their workers comp claims are still referred to as ‘WorkCover claims’.

No matter what it’s called, every state and territory in Australia has a WorkCover or workers compensation system that provides financial and medical support to injured workers.

icare can’t force you back to work, but they can reassess your ability and cut off payments if they decide you’re fit for suitable work duties. Your doctor’s ‘certificate of capacity’ plays a big role here, as it outlines what kind of work — if any — you’re actually able to do.

If icare is pushing you to return to work but you don’t feel ready, it’s worth getting advice from a workers compensation lawyer. We can step in, challenge their decision, and make sure you’re not pressured into going back before you’re fully recovered.

See more FAQs

What our clients say

When you walk through our doors, our top priority is to help you as much as we can. This commitment is shown in over 200 5-star reviews.

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Today, after only 8 weeks, I got the best news: my claim was successful!

Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.

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Monaco helped me get much more compensation than I expected.

Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.

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Jamie and her team at Monaco made my tough claim easier to handle.

My workers compensation claim was a nightmare with secondary injuries being denied, and the insurer trying to deny my claim throughout the process. Jamie and her team from Monaco Solicitors have been brilliant in their professionalism and management of my claim.

Google Posted by Dan Luff
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Dealing with workers comp issues? Monaco, especially Jamie and her team, can really help you out.

I would recommend Monaco to anyone that is on workers compensation & getting screwed by the insurance company. Jamie & her team are very professional & will do everything possible to get you your entitlements in the workers compensation merry-go-round. Give them a call.

Google Posted by Grant Towell
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Highly recommended! I am very happy with the result.

I am very happy with the service I received from Monaco Solicitors in regards to my worker’s compensation claim. Very professional, kept me up to date throughout my claim, with a great result at the end. I highly recommend them for your workers compensation matters.

Google Posted by Andrew Murcott
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Thank you for accomplishing so much in such a short time.

Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.

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I knew it from the very first phone call: I had found a compassionate law firm.

Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.

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Good result! We had a complicated claim but they got the job done.

My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.

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They helped me juggle my injury claim and my mum's full-time care.

I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.

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I was very happy with the outcome.

I am so grateful for the professional legal representation provided by Monaco Solicitors. Ms Medea Hanna, my solicitor was efficient, knowledgeable, compassionate and she was able to resolve my matter quickly, reaching an outcome I was very happy with.

Google Posted by Rachel L
Leon Monaco & Team member

What makes us the best workers comp lawyers?

For more than 25 years, we’ve helped thousands of people successfully claim workers compensation (previously known as WorkCover). Our lawyers are dedicated to digging deep into every case, making sure you get every benefit you’re entitled to. Here’s how we’ve got you covered:

  • We’ll break down your rights and the types of compensation you can claim.
  • Make sure you get the right support, medical treatment, and time off work.
  • Maximise your weekly payments and secure any extra lump sums.
  • Build a strong case backed by solid medical evidence.
  • Handle all negotiations with the insurer, so you don’t have to.
  • Challenge any unfair decisions, including denied claims or low offers.
  • Check if you’re eligible for extra payouts, like work injury damagesor TPD.

Speak to one of our friendly lawyers

Workers compensation payouts

View more case results

$1.55 million

WorkCover Compensation Lawyers in NSW
Workers Compensation

Emma wins substantial settlement for workplace bathroom slip-and-fall

After a slip-and-fall accident at work, Emma* was left with significant injuries. We used strong expert evidence to prove five separate parties were responsible for her condition....

Read more

$900,000

WorkCover Compensation Lawyers in NSW
Workers Compensation

Injured man on Working Holiday Visa receives payout despite returning to UK

Patrick injured himself while on a Working Holiday Visa. His employer had sent him to work for another company. The manager there set Patrick an unsafe task...

Read more

$605,000

WorkCover Compensation Lawyers in NSW
Workers Compensation

Injured worker wins large settlement for workplace safety breach

A workplace accident left Brett with a severe knee injury. He was put on light work duties and unable to provide for his young family. Our Workers...

Read more

$575,000

WorkCover Compensation Lawyers in NSW
Workers Compensation

Firefighter secures separate negligence and Workers Comp payouts

John was called out to a fire where a supervisor instructed him to move a heavy metal bar. Hydraulic lifting equipment was available on site but John...

Read more

$100,000

WorkCover Compensation Lawyers in NSW
Workers Compensation

Man found unconscious on work trip gets lump sum compensation

Joel was found unconscious and badly injured while on a work trip. He had several cervical spine fractures and a traumatic brain injury. Joel could not remember...

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We have the experience you can count on

98%
SUCCESS RATE
25
YEARS EXPERIENCE
9,403
CLAIMS WON
$650m
COMPENSATION PAYOUTS

Janette’s Story

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Monaco got a result when other lawyers couldn’t help. “You might not trust your solicitor, but I trust mine.”

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