What this means in practice
Separate personal study from an insurer-approved vocational program. Before enrolling, document the course hours, attendance, assessment load, physical demands, costs and how it supports realistic work. Ask whether SIRA training or education assistance may apply rather than assuming fees will be reimbursed.
Facts that can change the answer
| Issue | What changes the answer | Possible claim effect |
|---|---|---|
| Purpose of the course | Personal interest, general education, a licence, a new occupation or an agreed return-to-work goal. | A course tied to a realistic vocational goal is easier to assess within rehabilitation planning than unrelated study. |
| Study load and mode | Full-time or part-time, online or in person, fixed attendance, practical placements and travel. | Study demands may inform work capacity but are not identical to sustained paid employment. |
| Medical compatibility | Sitting, lifting, concentration, social exposure, deadlines and symptom management. | The treating practitioner should understand the real course demands when certifying capacity. |
| Funding pathway | Whether the training is approved through a rehabilitation provider, SIRA program or statutory education assistance. | Eligibility and pre-approval rules differ. Enrolling first may leave the worker personally responsible for costs. |
| Placement or paid activity | Whether a placement is paid, resembles work or leads to employment. | Paid earnings and new work must be reported; an unpaid placement may still be relevant to capacity and safety. |
How the NSW rules apply
Section 53 of the 1998 Act supports vocational re-education and rehabilitation schemes. SIRA’s training program can assist eligible workers to develop skills or qualifications for durable employment where the program criteria are met.
Separate education or training assistance under section 64C of the 1987 Act has specific eligibility requirements, including impairment, duration of weekly payments and consistency with the injury management plan. It is not available merely because a worker wants to study.
Weekly payments remain governed by the applicable entitlement, actual earnings and work-capacity rules. A course does not automatically suspend payments, and attendance does not automatically establish capacity for equivalent paid hours.
From 1 July 2026, some workers with primary psychological injuries may have access to additional vocational support under the new statutory settings. The date, WPI and other criteria require individual review.
Practical precautions
- Obtain the course outline, timetable, assessment method, placement requirements and total costs before asking for approval.
- Discuss the course with the treating practitioner and rehabilitation provider using the actual demands.
- Request a written insurer decision about funding and conditions before paying non-refundable fees.
- Keep a study diary if symptoms, accommodations or reduced load explain why study is not comparable to full-time work.
Documents and records to keep
- Course prospectus, subject outline, timetable and attendance requirements.
- Written return-to-work or vocational goal.
- Certificate of Capacity and treating practitioner comments on study demands.
- Vocational assessment and rehabilitation provider recommendation.
- Training application, insurer approval or refusal and reasons.
- Invoices, receipts, textbooks, travel records and required equipment.
- Records of extensions, accessibility adjustments, reduced load or interrupted study.
What to disclose and to whom
- Tell the insurer and rehabilitation provider where study forms part of the return-to-work plan or where course demands may be relevant to capacity.
- Report paid placements, employment and earnings promptly. Do not describe paid work as merely “study”.
- Give accurate information about hours and accommodations; an online course completed flexibly at home may not reflect the demands of a fixed workplace.
Practical next steps
- Define the realistic job goal before selecting a course.
- Check whether a SIRA program, section 64C assistance or another funding source is the proper route.
- Obtain written medical and vocational support and request approval before committing costs.
- Challenge a refusal using the stated reasons and the program review pathway where appropriate.
Illustrative scenario
Part-time retraining after a lifting injury
A delivery worker cannot return to heavy manual work and proposes a part-time logistics administration certificate. The course is online with one practical session each month. A rehabilitation provider links it to identified suitable jobs and the doctor supports the hours with breaks.
- The course has a defined vocational goal and documented demands rather than a broad assertion that study would help.
- Funding still requires the applicable program criteria and written approval.
- Flexible part-time study does not by itself prove capacity for full-time office employment.
- This is a hypothetical process example, not a guarantee of funding or weekly payments.
Common questions
Can I study while receiving workers compensation?
Potentially. The course, hours, medical restrictions, return-to-work plan and any earnings matter. Tell the relevant claim participants and keep the course demands documented.
Will the insurer pay my course fees?
Only where an applicable assistance program and its approval criteria are met. Ask for a written decision before incurring costs.
Does studying prove I can work?
Not automatically. Study mode, flexibility, breaks, support and performance differ from sustained paid work, although the insurer may consider the activity when assessing capacity.
What if the insurer refuses retraining?
Ask for the reasons and the evidence used. SIRA publishes a review route for funded-program decisions, and a workers compensation dispute may require separate advice.
Related NSW workers compensation guides
Where separate advice may be needed
Course admission, student finance, visa study limits and professional licensing sit outside workers compensation and may require advice from the relevant education, migration or regulatory professional.
A life change is affecting your claim?
Send the relevant insurer decision, current Certificate of Capacity and a short timeline. We can review the NSW workers compensation issue and whether ILARS funding may be available, subject to eligibility, merits and IRO approval.
Legal service provider
NSW workers compensation help from Stephen Young Lawyers
NSW Work Injury Claim is the workers compensation service of Stephen Young Lawyers. Stephen Young Lawyers provides the legal service. Stephen Young Lawyers.
Stephen Young Lawyers was established in 2012. The firm is led by Stephen Young, Principal Solicitor and Accredited Specialist in Personal Injury Law.
Workers across New South Wales can arrange telephone or video appointments. In-person appointments can be arranged at the Sydney office when appropriate.
NSW Work Injury Claim enquiries: (02) 7233 3661
- Content publisher:
- NSW Work Injury Claim
- Published:
- Last legally reviewed:
Key legal sources
- Workers Compensation Act 1987 (NSW)
- SIRA workers compensation
- IRO legal assistance for injured workers
- Personal Injury Commission
- SIRA training program guidance
- SIRA education or training assistance payments
- SIRA rehabilitation and retraining services
- Workers Compensation Act 1987 (NSW)
- Workplace Injury Management and Workers Compensation Act 1998 (NSW)
- SIRA Workers Compensation Guidelines, current from 1 July 2026
This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.
This page provides general information about NSW workers compensation. It is not legal, tax, financial, social-security, migration or medical advice. The result depends on the evidence, the applicable law and the worker’s individual circumstances.