Overview
Assault at work
An assault-at-work claim should identify who assaulted the worker, what task or workplace circumstance connected the incident to employment, and each physical or psychological injury said to have followed.
General information only. It is not legal advice for your individual matter, and past outcomes do not guarantee future results.
How this accident commonly happens
Assault at work can occur through being hit, pushed, grabbed, kicked, bitten, spat on or struck by an object and being restrained, cornered or subjected to an immediate threat of physical harm. The incident history should identify the task, equipment, location and sequence of events rather than relying on the job title alone.
Being injured while responding to, escaping or obtaining help for the assault.
People commonly exposed
People commonly exposed include workers assaulted by customers, patients, clients or members of the public and workers assaulted by a colleague or supervisor. Employment records should identify each person's task, employer and position in the work area when the incident occurred.
Workers intervening in an incident as part of their duties.
Common injuries from this accident type
Medical records after a assault at work may identify facial, dental, head, neck, shoulder, hand, fracture or soft-tissue injury and concussion or neurological symptoms. Each diagnosis should be linked to the event or exposure and to the worker's actual functional change.
A diagnosed psychological injury after the assault or a secondary condition following physical injury.
Immediate reporting and safety records
After a assault at work, immediate reporting and safety records may include incident report made as soon as practicable and police event number and any protection or safety directions. These records can establish what was known at the time without requiring the worker to repeatedly recount a traumatic event.
- CCTV and body-worn camera preservation requests.
- Photographs, witness details, roster and first-aid records.
Evidence that may help
For a assault at work, the first evidence to preserve includes security logs, access records and duress-alarm activation and prior reports about the aggressor or unsafe system where relevant. It is most useful when dates, people, equipment, duties and later medical histories tell a consistent account.
- Statements describing the event without embellishment.
- Employer and insurer correspondence about the accepted event and injuries.
Medical and psychological evidence
Medical and psychological evidence after a assault at work may include emergency, GP and specialist notes recording the mechanism and body regions and imaging, dental or neurological evidence where relevant. A diagnosis alone may not answer causation or capacity: the records should explain the work event, symptoms, treatment and practical restrictions.
- Psychological treatment records that identify diagnosis and functional impact.
- Capacity certificates matching the actual job and safety risk.
Which psychological-injury pathway applies?
The pathway depends on the event, the injury being claimed, when it was first notified, and the insurer’s stated reasons. Violence, traumatic witnessing and vicarious trauma generally follow the standard pathway after 1 July 2026; bullying, sexual or racial harassment and excessive work demands may engage the relevant-conduct pathway. Section 11A must be considered only where its requirements are actually raised by the facts.
- 1
For a primary psychological injury first notified on or after 1 July 2026, an act or threat of violence can be a relevant event. The evidence must still support a diagnosed mental or psychiatric disorder, a real and direct connection with employment, and employment as the main contributing factor.
- 2
Violence and threats generally follow the standard psychological-injury claim pathway rather than the separate relevant-conduct pathway used for bullying, sexual or racial harassment and excessive work demands.
- 3
For a completed standard primary-psychological-injury claim, the ordinary provisional liability requirements can apply, including the seven-day commencement rule unless the insurer has a reasonable excuse. This differs from a relevant-conduct claim, which has its own interim-entitlement process.
- 4
A physical injury from the same event is assessed on its own medical and causation evidence. The existence of an assault does not by itself establish every later symptom or incapacity.
- 5
Section 11A is not a general defence to violence. If the insurer relies on reasonable management action, the alleged management action, its reasonableness and the way it was carried out must be identified rather than assumed.
- 6
The post-1 July 2026 psychological-injury rules described here do not apply to exempt workers (police officers, paramedics and firefighters), coal miners, volunteers, dust-disease claims, primary psychological injuries notified before 1 July 2026, or secondary psychological injuries. Those matters require the earlier or otherwise applicable rules to be identified before advice is given.
Common insurer disputes
After a assault at work, an insurer may dispute whether the assault was connected with work or was a private dispute and whether all claimed diagnoses arose from the incident. The written decision should be answered with evidence directed to those stated reasons.
Whether delayed psychological symptoms are supported by contemporaneous records.
Whether proposed return to the same setting is safe and medically suitable.
Treatment, rehabilitation, and surgery issues
Emergency, GP and specialist notes recording the mechanism and body regions. Imaging, dental or neurological evidence where relevant. If treatment is disputed after a assault at work, the request should explain the accepted diagnosis, expected functional benefit and reasonable alternatives.
Psychological treatment records that identify diagnosis and functional impact.
Capacity certificates matching the actual job and safety risk.
Treatment may include physical care, psychology, psychiatry, medication review or rehabilitation depending on the diagnosed injury. Approval depends on causation, reasonable necessity and the insurer decision; it is not automatic.
Weekly payments and work capacity
Work capacity after a assault at work may turn on contact with the alleged assailant or similar public-facing exposure and concentration, sleep, driving, manual handling and medication effects. Proposed duties must be compared with the real task demands and the worker's ability to sustain them for the proposed hours.
Whether alternate location, shift, supervision or non-customer duties are genuinely available.
Permanent impairment and lump sum issues
A lasting physical injury is assessed under the NSW method for the affected body system only after the condition is sufficiently stable. The event label does not predict a WPI percentage. Primary psychological impairment is assessed separately under the NSW psychiatric impairment method when the condition is permanent and the legal pathway is established. Diagnosis alone does not determine WPI. Any WPI assessment after a assault at work occurs after stabilisation under the NSW method for the accepted body system; the accident or surgery alone does not determine a percentage.
Secondary psychological impairment is not assessed for WPI in NSW workers compensation. Physical and primary psychological impairment are also not combined for section 66 compensation.
From 1 July 2026, most workers generally have one principal permanent impairment assessment per injury, subject to limited further-assessment rules. Independent advice should be obtained before an assessment.
Primary and secondary psychological injury
A primary psychological injury is the psychological condition said to arise directly from workplace events. For claims first notified on or after 1 July 2026, the event must fit a relevant-event category and satisfy the additional connection and causation requirements. A secondary psychological injury arises as a consequence of a physical injury, for example depression associated with pain, surgery or loss of mobility after an assault injury. The 2026 primary-injury reforms do not apply to secondary psychological injuries in the same way. The distinction depends on medical causation and the accepted injury history, not simply on which symptoms were noticed first.
NSW permanent impairment law assesses primary psychological impairment separately from physical impairment. Secondary psychological impairment is not assessed for WPI, and the physical and primary psychological percentages are not combined for section 66 compensation.
On this page, the practical distinction depends on whether the psychological condition followed being hit, pushed, grabbed, kicked, bitten, spat on or struck by an object directly, or developed because of a physical injury and its consequences. Medical evidence should address that distinction rather than assume it from timing alone.
Other claim pathways that may need investigation
A police, SafeWork, workplace, discrimination, Fair Work or protective-order process may exist alongside workers compensation. Those processes have different purposes and do not decide workers compensation automatically. A civil, victims-support or other claim may require separate advice depending on the person involved and circumstances. It should not be described as part of workers compensation without checking eligibility. These issues are separate from workers compensation and depend on the particular facts.
Hypothetical example
Illustration: assault during a work task
Facts
A worker is pushed and struck while carrying out a customer-facing duty, reports the event that shift and later receives treatment for a wrist injury and anxiety symptoms.
Questions to investigate
- the event, work task and early medical history should align
- physical and psychological injuries require separate medical support
- the return-to-work plan must address the actual safety exposure
Why the result cannot be assumed
This is a hypothetical illustration of the evidence questions, not a prediction of liability, funding, compensation or outcome. Small factual changes can alter the legal analysis.
How NSW Work Injury Claim can help
For a assault at work, assistance may involve identify the event category, incident date and claim pathway before responding to an insurer and organise incident, safety, medical, psychological and capacity evidence without circulating unnecessary private material. The purpose is to identify the disputed decision and the evidence needed for the next step, not to promise an outcome.
Review weekly-payment, treatment, work-capacity, section 11A and permanent-impairment issues on their own evidence.
Prepare a clear chronology and identify the next practical review or dispute step.
Common questions about assault at work claims
Does assault at work automatically create a workers compensation claim?
No. The incident, employment connection, diagnosed injury, causation and incapacity must be supported. For a primary psychological injury first notified on or after 1 July 2026, the relevant-event, real-and-direct-connection and main-contributing-factor requirements also matter.
Can a threat count if there was no physical contact?
A threat of violence can be a relevant event, but the facts and medical evidence still matter. The original message, call, witness, incident report and safety response may be important.
What is the difference between a primary and secondary psychological injury?
A primary psychological injury is said to arise directly from workplace events. A secondary psychological injury arises as a consequence of a physical injury. The claim rules and permanent-impairment treatment are not the same.
What if the insurer relies on section 11A?
For the post-1 July 2026 provision, the insurer must identify reasonable management action taken or proposed, or the worker’s expectation or perception of it, and establish that the psychological injury was predominantly caused by it. The action must be reasonable in all the circumstances and taken in a reasonable way. Violence or other conduct should not automatically be treated as management action.
What evidence should be preserved first?
Preserve the original incident and safety records promptly. Depending on the event, that can include incident report made as soon as practicable, police event number and any protection or safety directions, CCTV and body-worn camera preservation requests. Medical and capacity records should separately identify the diagnosed injuries and functional effects.
Can the event affect weekly payments, treatment or WPI?
It can, depending on the accepted injury and evidence. Weekly payments depend on incapacity and earnings; treatment depends on the statutory test and medical support; WPI is assessed only under the applicable NSW method and should not be predicted from the event alone.
Need help after a NSW workplace accident?
If you have an insurer decision, unclear capacity certificate or treatment dispute after a workplace accident, we can help identify the issue and organise the evidence. Where ILARS funding is approved, eligible legal costs and necessary disbursements may be covered.
Related injury guides
Occupation guides relevant to this work
Related accident mechanisms
Later or multiple conditions after the incident
Related NSW workers compensation guides
- Section 11A psychological injury guide
- Psychological injury evidence
- Head injury
- Concussion
- Facial injury
- Dental injury
- Jaw injury
- Neck injury
- Shoulder injury
- Hand injury
- Fracture injury
- Psychological injury
- PTSD work injury
- Anxiety and depression after work injury
- Adjustment disorder work injury
- Primary and secondary psychological injury
- Injury-specific guides
- Weekly payments
- Disputes
- Surgery denied
- IME guide
- WPI assessment guide
- Serious injury guides
Official sources
- SIRA: psychological injury claims for workers and employers
- SIRA: current psychological injury guidance for insurers
- SIRA: workers compensation reforms for injured workers from 1 July 2026
- SafeWork NSW: work-related violence
- Workers Compensation Act 1987 (NSW), including section 11A and Part 3
- SIRA: NSW workers compensation permanent impairment guidelines
Last reviewed: 19 July 2026
