Use this page as a starting point only. The safest answer usually depends on the insurer decision, the injury evidence, the certificate of capacity, wage records and whether the dispute is about liability, capacity, treatment, impairment or damages.
Starting a NSW workers compensation claim
Can I make a workers compensation claim in NSW?+
You may be able to make a claim if you were injured at work, became unwell because of work, or an existing condition was materially aggravated by work. The safer first step is to report the injury, see a doctor, ask for a certificate of capacity, and keep copies of incident, medical and wage records.
What evidence usually matters at the start?+
Useful early evidence can include the incident report, roster or duties record, certificate of capacity, GP notes, scan referrals, wage material and any written contact from the employer or insurer. The exact documents depend on the injury and the dispute.
Do I need a lawyer before lodging the claim?+
Not every claim needs a lawyer at the first step. Legal advice becomes more important if liability is denied, weekly payments stop, surgery or treatment is refused, the insurer relies on an IME report, or the claim may involve permanent impairment or work injury damages.
Weekly payments, treatment and disputes
Why can weekly payments be reduced or stopped?+
Weekly payments may be changed after a work capacity decision, updated certificate of capacity, suitable duties assessment, PIAWE calculation issue, statutory time limit, or insurer decision about capacity for work. The written reasons and evidence should be checked before responding.
What if surgery or treatment is refused?+
A treatment dispute usually turns on whether the proposed treatment is reasonably necessary because of the work injury. Medical opinions, scan results, conservative treatment history, functional impact and the insurer’s written reasons often matter.
What does a Section 78 notice mean?+
A Section 78 notice is a written notice setting out why the insurer disputes liability or an aspect of the claim. It should be answered by identifying the exact dispute, the documents relied on, the missing evidence and the correct review pathway.
Permanent impairment and work injury damages
When does permanent impairment matter?+
Permanent impairment may matter after the injury has stabilised enough for assessment. It can affect a possible lump sum claim and, in some cases, other statutory thresholds. Assessment rules are technical and depend on medical evidence, the injury type and NSW guidelines.
What is work injury damages?+
Work injury damages is a separate common law pathway about past and future economic loss where employer negligence can be established and the statutory threshold is met. If damages resolve, statutory weekly payments and treatment payments usually do not continue for that injury.
Can psychological symptoms affect a physical injury claim?+
Psychological symptoms may be relevant where pain, reduced mobility, surgery, financial pressure or a long dispute affects capacity for work or treatment needs. The evidence should explain function and work capacity, not just state a diagnosis.