NSW Work Injury Claim

NSW Work Injury Claim

PTSD work injury workers compensation NSW

A PTSD work injury claim needs more than a description of workplace stress. The evidence should identify the diagnosed condition, set out the workplace chronology and explain how symptoms affect attendance, concentration, interaction and safe work capacity.

Relevant events may include a serious assault, accident, threat or other traumatic workplace exposure, repeated occupational exposure to traumatic events, and witnessing a fatal or severe incident at work.

Insurers commonly dispute whether the event meets the claimed traumatic history and caused PTSD and whether another diagnosis or non-work event better explains symptoms, so contemporaneous records and treating psychiatric evidence matter.

A psychologist and worker reviewing a workplace chronology and treatment plan in a private consultation.

Overview for NSW injured workers

Start with the dispute, not just the diagnosis

May be relevant when

For a primary psychological injury first notified on or after 1 July 2026, the evidence must establish a statutory relevant event, a real and direct employment connection and employment as the main contributing factor. Earlier and secondary claims use different rules.

Benefits to check

Medical expenses, weekly payments, suitable duties, treatment requests, WPI and any dispute notice already received.

Legal help is useful when

The insurer denies liability, refuses treatment, relies on an IME, reduces weekly payments or disputes permanent impairment.

Which psychological-injury rules apply?

Law reviewed 2026-07-21

The new primary psychological injury rules apply where the employer first received notification of the injury on or after 1 July 2026. A primary psychological injury notified before that date continues under the earlier provisions. The amendments also do not apply in the same way to secondary psychological injuries, exempt workers such as police officers, paramedics and firefighters, coal miners, volunteers or dust-disease claims. The notification history, worker category and transitional provisions must be checked before choosing a legal test.

New primary psychological injury

For a primary psychological injury within the post-1 July 2026 framework, the claimed condition must be a mental or psychiatric disorder causing behavioural, cognitive or psychological dysfunction. Compensation is only payable if one or more statutory relevant events caused the injury, there is a real and direct connection between those events and the employment, and employment is the main contributing factor.

Bullying, sexual harassment, racial harassment and excessive work demands are “relevant conduct”. A post-1 July 2026 primary psychological injury caused by relevant conduct uses a special claim process. A completed claim form and prescribed minimum information are required; the insurer has 42 days after receiving a completed claim to decide liability. Interim weekly payments and up to $7,500 for eligible outpatient treatment may be available during that determination period. Provisional liability does not apply to this special claim type. If liability remains disputed, the insurer review and the correct IRC or PIC pathway depend on the stated reason for the decision.

Section 11A and earlier claims

For a claim to which the amended section 11A applies, no compensation is payable if the psychological injury was predominantly caused by reasonable management action taken or proposed by the employer, the worker's expectation of reasonable management action, or the worker's perception of reasonable management action. The action must be taken in a reasonable way and be reasonable in all the circumstances. The amended provision applies to both primary and secondary psychological injury.

For an earlier psychological injury claim governed by the pre-reform section 11A, the question was whether the injury was wholly or predominantly caused by specified reasonable action taken or proposed by or on behalf of the employer concerning matters such as transfer, demotion, promotion, performance appraisal, discipline, retrenchment, dismissal or employment benefits. The action and the way it was taken also had to be reasonable.

How this affects your claim in practice

In a ptsd work injury claim, the diagnosis is only the starting point. The records should connect records describing the traumatic exposure and early symptoms and psychiatric or psychological evidence addressing PTSD diagnostic features and differential diagnosis with the worker's practical limits, including sleep and fatigue, concentration, hypervigilance, travel, public contact and exposure to reminders and whether safety-sensitive work can be performed reliably. If the insurer disputes whether the event meets the claimed traumatic history and caused PTSD, the response should address that reason directly.

This information is general in nature and is not legal advice. You should obtain advice about your own circumstances.

Related claim pathways

A work injury claim is often the first issue, but some facts can raise a separate insurance or injury pathway. These links are included only where the overlap may genuinely matter.

Long-term inability to return to work

If you are unlikely to return to suitable work long-term, you may also need to check whether TPD insurance through superannuation is available. TPD is separate from workers compensation.

My TPD Claims

Assessment source

  • NSW Guidelines paras 1.21-1.22: only primary psychological injury is assessable for permanent impairment; secondary psychological injury, such as depression associated with a physical back injury, is not assessed as permanent impairment.
  • NSW Guidelines psychological injury chapter replaces AMA5 Chapter 14 for NSW workers compensation assessments.
  • Workers Compensation Act 1987 (NSW) s 65A: primary psychological injury requires at least 15% WPI for permanent impairment compensation; secondary psychological injury is excluded.
  • Workers Compensation Legislation Amendment Act 2025 No 72 (NSW), Schedule 1.8: new primary psychological injury gateway and amended s 11A for claims within the post-1 July 2026 framework.

Psychological conditions and claim classifications

PTSD work injury is not a single impairment category. The accepted diagnosis must identify the structure or body system affected and the permanent consequence being assessed.

  • A supported work mechanism: a serious assault, accident, threat or other traumatic workplace exposure.
  • A supported work mechanism: repeated occupational exposure to traumatic events.
  • For ptsd work injury, separate diagnoses and consequential conditions should be recorded individually so that one broad injury label is not used for different assessment methods.

Symptoms and findings that matter

A finding relevant to ptsd work injury: records describing the traumatic exposure and early symptoms.

A finding relevant to ptsd work injury: psychiatric or psychological evidence addressing PTSD diagnostic features and differential diagnosis.

A finding relevant to ptsd work injury: treatment history and certificates covering triggers, sleep, concentration and attendance.

Sleep and fatigue, concentration, hypervigilance, travel, public contact and exposure to reminders.

What investigations are usually relevant

Investigations for ptsd work injury may include records describing the traumatic exposure and early symptoms and psychiatric or psychological evidence addressing PTSD diagnostic features and differential diagnosis. Each result should answer a defined clinical question and be read with the examination, diagnosis and history.

  • Treatment history and certificates covering triggers, sleep, concentration and attendance.
  • Incident, police, witness or employer records where available.

How WPI is assessed for this body part

A PTSD diagnosis does not produce a fixed WPI percentage.

Primary psychiatric impairment is assessed through the NSW psychiatric method after stability.

Functional evidence must support the selected psychiatric classes.

Primary psychological injury is assessed under the NSW psychological injury chapter, not AMA5 Chapter 14.

The Psychiatric Impairment Rating Scale (PIRS) assesses six functional areas: self-care and personal hygiene; social and recreational activities; travel; social functioning and relationships; concentration, persistence and pace; and employability. The NSW method uses the median class and aggregate score to determine WPI.

Table and value examples

Secondary psychological injury after physical injury

No WPI assessment for the secondary psychological injury

This does not mean symptoms are irrelevant to weekly payments or treatment. It means the secondary psychological condition is not separately assessed as WPI.

Source: NSW Guidelines para 1.22

Primary psychological injury permanent impairment threshold

At least 15% WPI

This is the statutory threshold for permanent impairment compensation. It is not a predicted rating and does not replace a valid PIRS assessment after the condition has stabilised.

Source: Workers Compensation Act 1987 (NSW) s 65A(3)

Method illustration

This is a non-numeric illustration of the assessment sequence. It does not predict a WPI result.

Accepted condition and findings
PTSD work injury is not a single impairment category. The accepted diagnosis must identify the structure or body system affected and the permanent consequence being assessed. A finding relevant to ptsd work injury: records describing the traumatic exposure and early symptoms.
Method to apply
A PTSD diagnosis does not produce a fixed WPI percentage.
Why no percentage can be assumed
Section 65A requires at least 15% WPI for permanent impairment compensation for a primary psychological injury; no permanent impairment compensation is payable for a secondary psychological injury.

What usually does not increase WPI

Section 65A requires at least 15% WPI for permanent impairment compensation for a primary psychological injury; no permanent impairment compensation is payable for a secondary psychological injury.

The existence of a dispute about whether the event meets the claimed traumatic history and caused PTSD does not replace the measurements and criteria required by the controlling impairment method.

The existence of a dispute about whether another diagnosis or non-work event better explains symptoms does not replace the measurements and criteria required by the controlling impairment method.

Treatment, time away from work and an imaging or diagnosis label do not by themselves establish the WPI result for ptsd work injury.

Evidence checklist

The records for ptsd work injury should include trauma-focused psychological treatment, psychiatric care and medication review where clinically supported. They are most useful when the diagnosis, examination and practical restrictions are consistent.

    How this injury commonly happens at work

    Work-related ptsd work injury can arise through a serious assault, accident, threat or other traumatic workplace exposure and repeated occupational exposure to traumatic events. The chronology should identify the actual task or event and when symptoms or function changed.

    Work-related ptsd work injury can arise through witnessing a fatal or severe incident at work. The chronology should record the actual task or event and the point at which symptoms or function changed.

    Common insurer disputes

    For ptsd work injury, an insurer may dispute whether the event meets the claimed traumatic history and caused PTSD and whether another diagnosis or non-work event better explains symptoms. The written decision should be answered with evidence directed to those reasons.

    Further disputes about ptsd work injury may concern whether work capacity or treatment needs have been understated, for a post-1 July 2026 primary claim, whether a statutory relevant event caused the disorder, there is a real and direct connection with employment, and employment is the main contributing factor, and where amended section 11A applies, whether the injury was predominantly caused by reasonable management action that was itself reasonable and taken in a reasonable way; earlier claims use a different test. The decision notice should identify which issue is relied on and the evidence said to support it.

    Treatment and surgery issues

    Depending on the diagnosis and treating opinion, management of ptsd work injury may involve return-to-work planning that avoids unsupported exposure to the trauma setting or triggers. The request should explain the expected functional benefit and its connection to the accepted injury.

    Weekly payments and work capacity

    Capacity evidence for ptsd work injury should address whether safety-sensitive work can be performed reliably and whether the same site, task or person creates a medically recognised trigger. Proposed duties must be sustainable for the proposed hours, not merely possible once.

    How NSW Work Injury Claim can help

    For ptsd work injury, a claim review can help to link the trauma history, diagnosis and functional effects and check whether the insurer disputes causation, treatment, section 11A or capacity. The purpose is to identify the precise decision and the evidence needed for the next available step, not to promise an outcome.

    For ptsd work injury, a claim review can help to prepare evidence for safe duties and any later impairment assessment and check whether bullying, sexual harassment, racial harassment or excessive work demands engage the completed-claim, insurer-review and IRC/PIC relevant-conduct process rather than assuming one dispute pathway. The purpose is to identify the precise decision and the evidence needed for the next available step, not to promise an outcome.

    Common questions about ptsd work injury claims

    How can work cause or aggravate PTSD work injury?

    For PTSD work injury, the relevant work history may include a serious assault, accident, threat or other traumatic workplace exposure, repeated occupational exposure to traumatic events, and witnessing a fatal or severe incident at work. A claim still depends on the actual chronology and medical evidence. The records should identify what changed, when symptoms began or worsened, and how the diagnosed condition affects the worker's duties.

    How is WPI assessed for PTSD work injury?

    For PTSD work injury, a PTSD diagnosis does not produce a fixed WPI percentage. A finding relevant to ptsd work injury: records describing the traumatic exposure and early symptoms. The assessor must apply the NSW Guidelines to the accepted, stable condition; the diagnosis or an operation does not by itself determine a percentage.

    Which records are most useful for a PTSD work injury assessment?

    A PTSD work injury assessment commonly needs records describing the traumatic exposure and early symptoms, psychiatric or psychological evidence addressing PTSD diagnostic features and differential diagnosis, treatment history and certificates covering triggers, sleep, concentration and attendance, and incident, police, witness or employer records where available. Those records are most useful when they describe the same diagnosis, examination findings, treatment history and practical work restrictions.

    What does an insurer commonly dispute about PTSD work injury?

    For PTSD work injury, common issues include whether the event meets the claimed traumatic history and caused PTSD, whether another diagnosis or non-work event better explains symptoms, and whether work capacity or treatment needs have been understated. The response should address the insurer's stated reason with the relevant chronology, clinical findings, investigations and duties evidence rather than relying on the diagnosis alone.

    How can PTSD work injury affect weekly payments and suitable duties?

    Capacity evidence for PTSD work injury may need to address sleep and fatigue, concentration, hypervigilance, travel, public contact and exposure to reminders, whether safety-sensitive work can be performed reliably, and whether the same site, task or person creates a medically recognised trigger. A certificate should describe what the worker can do safely and sustainably. Proposed duties should then be checked against those restrictions and the real demands of the job.

    Can PTSD work injury be assessed as permanent psychological impairment?

    For PTSD work injury, a PTSD diagnosis does not produce a fixed WPI percentage. Primary and secondary psychological injury must not be treated as interchangeable. The accepted injury, current NSW law, medical stability and the prescribed assessment method all need to be checked before any WPI outcome is assumed.

    Request a calm claim position review

    If you have received an insurer decision or you are unsure how your injury evidence fits together, we can help you identify the issue, organise the documents and consider the next step. 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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