Overview
How this affects your claim in practice
Section 32A now uses the terms “worker with high needs” and “worker with highest needs”; “seriously injured worker” is an old label retained in this URL because workers still search for it. High needs generally concerns impairment assessed above 20%, or specified pending or likely assessments. Highest needs generally concerns impairment assessed above 30%, or the corresponding pending or likely position. For physical injury, section 39’s 260-week exclusion requires permanent impairment greater than 20%, and ongoing entitlement remains subject to section 38.
- “Seriously injured worker” is not the current section 32A statutory term.
- A worker with high needs includes a worker with highest needs.
- The definitions include assessed, specified pending and insurer-satisfied likely impairment pathways.
- Section 39 uses a greater-than-20% physical-injury test, not “20% or more”.
- Passing 260 weeks does not remove the continuing section 38 work-capacity requirements.
- New primary psychological injury weekly-payment rules from 1 July 2026 must be analysed separately rather than forced into the physical section 39 pathway.
The current section 32A classifications
The legislation replaced the older “seriously injured worker” terminology in 2015. Current decisions and advice should use “worker with high needs” or “worker with highest needs” and identify which statutory limb is relied upon.
A pending assessment is not enough merely because a medical appointment has been requested. The definition contains specific circumstances concerning impairment not yet being fully ascertainable and insurer satisfaction about likely impairment.
| Classification | High-level statutory position |
|---|---|
| Worker with high needs | Permanent impairment assessed at more than 20%, or a qualifying pending assessment, or the insurer is satisfied impairment is likely to be more than 20%; includes a worker with highest needs. |
| Worker with highest needs | Permanent impairment assessed at more than 30%, or a qualifying pending assessment, or the insurer is satisfied impairment is likely to be more than 30%. |
How section 39 applies after 260 weeks
For physical injury, the aggregate 260-week limit does not apply where permanent impairment resulting from the injury is greater than 20%. A result of exactly 20% does not satisfy that wording.
After 260 weeks, the worker must still satisfy the continuing weekly-payment requirements in section 38. The issue is therefore not only the WPI figure; current work capacity, earnings and the applicable payment period remain relevant.
A result above 20% removes the aggregate 260-week limit for physical injury, but entitlement after that point remains subject to section 38, current work capacity and earnings.
When impairment has not yet been finally assessed
Section 32A recognises specified pending and likely-assessment situations. The evidence should explain why impairment is not yet fully ascertainable, the medical status, the assessment already underway and the basis for any insurer conclusion about likely impairment.
Maximum medical improvement, planned treatment, the accepted injury description and any outstanding surgery can affect when a final WPI assessment is possible. A worker should not assume that delay alone produces high-needs status.
Evidence to prepare before the 260-week point
- The insurer’s written position on section 32A and section 39.
- Every WPI assessment, certificate and PIC medical determination.
- Treating evidence about maximum medical improvement and outstanding treatment.
- The accepted injury description and any disputed body system or condition.
- Current certificates of capacity, actual hours, earnings and suitable-duty records.
- A calculation of the aggregate weekly-payment period and the proposed change date.
Primary psychological injuries require separate analysis
From 1 July 2026, new primary psychological injury claims have a separate weekly-payment framework, including a 130-week structure and impairment-based extensions under the amended legislation. The physical section 39 greater-than-20% pathway should not be applied mechanically to those claims.
The notification date, whether the injury is primary or secondary, the worker category and transitional provisions should be checked before selecting the payment rule.
Official sources
Sources are listed for transparency. This guide is general information only and is not legal advice.
- Workers Compensation Act 1987 (NSW)
- Workplace Injury Management and Workers Compensation Act 1998 (NSW)
- Workers Compensation Legislation Amendment (Reform and Modernisation) Act 2026 - text passed by both Houses
- SIRA - workers compensation information hub and current reform guidance
- SIRA - weekly payments
- SIRA - workers compensation reform FAQs
Frequently asked questions
Is “seriously injured worker” still the section 32A term?
No. The current terms are worker with high needs and worker with highest needs. The old expression remains in this URL only because it is still commonly searched.
What is a worker with high needs?
Broadly, it includes an assessed impairment above 20% and specified pending or likely-assessment pathways. The exact statutory limb and evidence should be identified.
Does exactly 20% physical WPI avoid the 260-week limit?
No. Section 39 uses “more than 20%” for physical injury.
Are weekly payments automatic after 260 weeks if WPI is above 20%?
No. The 260-week limit may not apply, but ongoing entitlement remains subject to section 38 and the worker’s circumstances.
What if WPI cannot yet be fully assessed?
Section 32A includes specified pending and likely-assessment limbs, but delay alone is insufficient. The medical and statutory requirements must be documented.
Do the same rules apply to a new primary psychological injury?
Not automatically. The post-1 July 2026 primary psychological injury payment regime and transitional rules require separate analysis.
Approaching 260 weeks or disputing high-needs status?
Send the insurer’s notice, payment history, WPI material, certificates and treatment status so the classification, payment rule and work-capacity issue can be checked separately.