Overview
How this affects your claim in practice
A business closing, becoming insolvent or failing to hold insurance does not automatically extinguish a NSW workers compensation claim. The worker must identify the legal employer, injury date and insurer that covered the employment at that time. If no policy applied, the statutory uninsured-employer pathway may be available, but employment, injury, work connection and each claimed benefit still require evidence.
A closed employer with an existing policy, an uninsured employer, an unidentified legal entity and an insolvent insurer are different problems. Start with payroll and company records rather than the shop or trading name. If the insurer cannot be found, follow current SIRA guidance promptly and keep a complete record of every identification and notification attempt.
- Identify the employer’s legal entity, not only the trading name.
- Preserve proof of work, wages, injury notification and the date the injury happened or developed.
- A closed employer and an uninsured employer are not the same problem.
- Contact the insurer or the official uninsured-employer claims channel promptly rather than waiting for the business to reopen.
Practical review
What to check in this situation
- Identify the legal employing entity and policy position on the injury date, not only the business trading name.
- Distinguish an existing insured claim from the Uninsured Liability and Indemnity Scheme or another specialist fund.
- Preserve independent proof of work, wages, notification and injury because employer records may become unavailable.
Records that may help
Keep contracts, payslips, bank deposits, PAYG and super records, rosters, site inductions, incident material, certificates, earlier claim correspondence and company or liquidator notices.
Next procedural step
Contact the known claim manager or the official uninsured-employer channel without waiting for the business to reopen, and obtain advice if employer identity or worker status is disputed.
Work out which problem applies
| Situation | Likely first question |
|---|---|
| Business closed but had insurance | Which insurer covered the legal employer on the injury date? |
| Company in liquidation or deregistered | Was there a policy, self-insurance arrangement, liquidator or existing claim manager? |
| Employer had no policy | Does the Uninsured Liability and Indemnity Scheme or Nominal Insurer process apply? |
| Employer or legal entity cannot be identified | What payroll, tax, roster, site and contracting records identify who employed the worker? |
| Insurer itself became insolvent | Does the separate Insurers’ Guarantee Fund process apply? |
The NSW statutory framework
Part 9 of Chapter 5 of the Workplace Injury Management and Workers Compensation Act 1998 establishes the Uninsured Liability and Indemnity Scheme. The legislation and current SIRA guidance provide a pathway where an employer was uninsured. Current SIRA worker guidance directs a worker with an uninsured employer to contact EML, icare’s appointed claims partner, on 13 77 22.
The scheme does not remove the ordinary proof questions. Investigation may address the identity of the actual employer, worker status, whether the employer was uninsured, whether the injury occurred in that employment and the applicable employment contribution test.
Evidence to identify the employer and insurer
- Employment contract, offer letter, onboarding records and any ABN or company name used.
- Payslips, bank deposits, PAYG income statement, superannuation records and tax documents.
- Rosters, timesheets, work-app records, job allocations and supervisor messages.
- Site inductions, uniforms, identification cards, vehicle records and safety documents.
- Incident report, first-aid record, witnesses and proof of when the injury was reported.
- Earlier claim number, insurer emails, policy details, certificates and treatment approvals.
Immediate steps
Write down the full legal and trading names used by the business, worksite address, directors or managers known to you, and the dates you worked. Search your own payroll and tax records before relying on memory. If a claim already exists, contact the claims manager shown on the latest insurer letter even if the workplace has closed.
If there is no known insurer, follow SIRA’s current uninsured-employer claim guidance. Do not send original records. Keep a complete copy of everything provided and note each contact date and reference number.
Common disputes
The respondent may dispute who employed the worker, whether the person was a worker rather than an independent contractor, whether the injury happened during that employment, whether a policy was in force, or whether the claim was notified and made in time. A labour-hire, subcontracting or related-company arrangement can require careful identification of the correct entity.
The absence of a cooperative employer may make factual evidence harder to obtain, but it does not make the worker’s own records irrelevant. Payroll, bank, tax, site and witness records can be especially important where employer records are incomplete.
Illustrative example
A kitchen worker develops a shoulder condition while employed by a restaurant trading under one name, but the payslips identify a different company. The restaurant later closes. The useful first step is to use the payslips, bank deposits, roster messages and incident report to identify the legal employer and injury period, then locate the insurer or follow the uninsured-employer process. The closure alone does not prove liability, and it does not defeat the claim by itself. This example does not predict an outcome.
Do not delay while ownership or insurance is unclear
NSW legislation contains notice and claim time requirements, with qualifications and exceptions that depend on the circumstances. A worker should not wait for company records, liquidation or deregistration to be resolved before seeking advice and making the appropriate notification or claim.
If a liability decision is issued, check the reasons, reports and correct respondent. An insurer review or PIC dispute may be available. ILARS funding may be available for eligible workers compensation legal assistance, subject to assessment and IRO approval.
Official sources
Sources are listed for transparency. This guide is general information only and is not legal advice.
- Workplace Injury Management and Workers Compensation Act 1998 (NSW), Chapter 5 Part 9
- SIRA: what to do after an injury, including uninsured employers
- Workers Compensation Act 1987 (NSW), insurance and Nominal Insurer provisions
- Personal Injury Commission: workers compensation legal pathways
- Independent Review Office: legal advice and ILARS
Frequently asked questions
Can I claim if my employer closed down?
Potentially. Identify the legal employer and insurer at the injury date. Closure does not itself decide liability or remove an insurer’s existing responsibility.
What if the employer had no workers compensation insurance?
SIRA states that a worker can still make a claim through the uninsured-employer process and currently directs workers to EML on 13 77 22. Eligibility and liability still require investigation.
What if I was paid cash or called a contractor?
The label or payment method is not decisive. Worker status depends on the legal and practical relationship. Preserve every record showing who controlled, paid and organised the work.
What if I do not know the employer’s insurer?
Use payslips and legal-entity records first, ask for policy information if a contact remains, and follow SIRA or IRO guidance promptly rather than guessing the insurer.
Has the employer closed or become difficult to identify?
Send any payslips, tax or super records, contract, roster messages, incident evidence and insurer correspondence. We can help identify the workers compensation issue and assess whether an ILARS funding application may be available, subject to approval.