NSW Work Injury Claim

NSW Work Injury Claim

Coworker or supervisor assault: NSW workers compensation guide

An assault by a coworker or supervisor may involve a work dispute, personal history, management process or escalating conduct. The analysis should separate the assault itself from any private dispute and any later management action.

Respectful, non-graphic an empty workplace meeting room with a roster, closed investigation file, access card and medical certificate under neutral lighting; no violent act, injured person, weapon, logo or readable text is shown.
The event record, safety response, medical evidence and work-capacity evidence should be reviewed together for a coworker supervisor assault claim.

Overview

Coworker or supervisor assault

An assault by a coworker or supervisor may involve a work dispute, personal history, management process or escalating conduct. The analysis should separate the assault itself from any private dispute and any later management action.

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

Coworker or supervisor assault can occur through physical attack during a shift, meeting or work task and credible threats, stalking or intimidation connected with work. The incident history should identify the task, equipment, location and sequence of events rather than relying on the job title alone.

Assault following a roster, workload, disciplinary or interpersonal dispute.

People commonly exposed

People commonly exposed include workers assaulted by a colleague, team leader or supervisor and workers intervening in violence between colleagues. Employment records should identify each person's task, employer and position in the work area when the incident occurred.

Workers subjected to threats through workplace communications.

Common injuries from this accident type

Medical records after a coworker or supervisor assault may identify head, facial, neck, shoulder, hand or fracture injury and primary psychological injury after violence or threats. Each diagnosis should be linked to the event or exposure and to the worker's actual functional change.

Secondary psychological symptoms after physical injury.

Immediate reporting and safety records

After a coworker or supervisor assault, immediate reporting and safety records may include incident report and request to separate the parties and witness, meeting, roster and access records. These records can establish what was known at the time without requiring the worker to repeatedly recount a traumatic event.

  • CCTV, email, message and call preservation.
  • Police event number and employer investigation record.

Evidence that may help

For a coworker or supervisor assault, the first evidence to preserve includes history distinguishing work issues from any private relationship and prior complaints, threats and safety-control requests. It is most useful when dates, people, equipment, duties and later medical histories tell a consistent account.

  • Management correspondence before and after the assault.
  • Medical records and certificates of capacity.

Medical and psychological evidence

Medical and psychological evidence after a coworker or supervisor assault may include physical injury records matching the assault and psychiatric or psychological evidence identifying the event and diagnosis. A diagnosis alone may not answer causation or capacity: the records should explain the work event, symptoms, treatment and practical restrictions.

  • Capacity restrictions concerning the alleged assailant, site or reporting line.
  • Treatment and return-to-work records.

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. 1

    A file can contain more than one alleged event, such as a threat of violence followed by bullying or sexual harassment. Each event should be identified separately because the claim pathway may differ.

  2. 2

    Violence, threats, traumatic witnessing and vicarious trauma generally use the standard claim pathway. Bullying, sexual or racial harassment and excessive work demands use the relevant-conduct pathway.

  3. 3

    The medical evidence must support a diagnosed disorder and explain the contribution of the identified work events. Being distressed or upset does not by itself establish a compensable psychiatric injury.

  4. 4

    For a post-1 July 2026 primary psychological injury, the evidence must identify a mental or psychiatric disorder, a real and direct connection with employment, and employment as the main contributing factor.

  5. 5

    A violence, threat, criminal-conduct, witnessing or vicarious-trauma component generally uses the standard claim and provisional liability pathway. A relevant-conduct component instead uses the completed-claim, 42-day and interim-entitlement process.

  6. 6

    For a relevant-conduct component, completed-claim and mandatory internal-review requirements apply before the IRC or PIC. The IRC decides only whether the conduct was relevant conduct; other liability issues remain for the insurer or PIC.

  7. 7

    Any section 11A allegation should be tied to identified management action and analysed separately from assault, threats or other non-management conduct. Under the amended provision, reasonable action in a reasonable manner must be a significant cause, including where the case concerns proposed action or the worker’s expectation or perception.

  8. 8

    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 coworker or supervisor assault, an insurer may dispute the insurer alleges a purely personal dispute unconnected with employment and the assault is folded into a later performance process and section 11A is raised too broadly. The written decision should be answered with evidence directed to those stated reasons.

Conflicting witness accounts or missing workplace records.

The employer proposes duties under the same supervisor or at the same site.

Treatment, rehabilitation, and surgery issues

Physical injury records matching the assault. Psychiatric or psychological evidence identifying the event and diagnosis. If treatment is disputed after a coworker or supervisor assault, the request should explain the accepted diagnosis, expected functional benefit and reasonable alternatives.

Capacity restrictions concerning the alleged assailant, site or reporting line.

Treatment and return-to-work records.

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 coworker or supervisor assault may turn on safe separation from the alleged assailant and alternate reporting line, site, shift or team. Proposed duties must be compared with the real task demands and the worker's ability to sustain them for the proposed hours.

Whether interpersonal, concentration and physical restrictions permit reliable work.

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 coworker or supervisor assault 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 physical attack during a shift, meeting or work task 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.

If an internal review continues to dispute whether alleged bullying, sexual or racial harassment or excessive work demands were relevant conduct, the IRC certificate pathway may need to be considered before the remaining PIC dispute.

Hypothetical example

Illustration: assault after a roster dispute

Facts

A supervisor threatens and pushes a worker during a roster discussion. A later formal investigation and performance process then begins.

Questions to investigate

  • separate the alleged violence from later management action
  • preserve meeting, roster, witness and investigation records
  • analyse work connection and any section 11A issue on their own facts

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 coworker or supervisor assault, 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 coworker or supervisor assault claims

Does coworker supervisor assault 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 specified management action taken or proposed, or the worker’s expectation or perception of it, and establish that reasonable action carried out in a reasonable manner was a significant cause of the psychological injury. 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 and request to separate the parties, witness, meeting, roster and access records, CCTV, email, message and call preservation. 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.

Request a claim reviewCall (02) 7233 3661

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Last reviewed: 19 July 2026