Personal Injury & Compensation Claim FAQs NSW

Name: Withstand Lawyers
Telephone: 1800 952 898
Price range: No Win No Fee

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Principal Lawyer and Director · Last updated 3 July 2026

Key Takeaway: Withstand Lawyers answers the most searched compensation questions in NSW across workers compensation, motor vehicle accidents, TPD and super claims, public liability, work injury damages, and police and emergency services claims.Our lawyers have recovered over $47 million for injured clients with a 99% success rate, every claim is run no win no fee.

Personal Injury & Compensation Claim FAQs NSW FAQs

NSW Workers Compensation FAQs

These are the most searched questions about workers compensation claims in NSW. For a full breakdown of amounts, see our workers compensation payout guide.

How much compensation do you get for workers compensation in NSW?

Weekly payments start at up to 95% of your pre-injury average weekly earnings for the first 13 weeks, then generally up to 80% from week 14. Medical expenses are covered, and an 11% whole person impairment or more unlocks a lump sum. Read more: workers compensation payout guide.

How do I make a workers compensation claim in NSW?

Report your injury to your employer within 30 days, get a certificate of capacity from your doctor, then lodge the claim with your employer’s insurer. In most cases the insurer must start provisional weekly payments within 7 days of notification. Read more: workers compensation claims.

How long can you stay on workers compensation in NSW?

Most workers can receive weekly payments for up to 260 weeks, which is 5 years. Above 20% whole person impairment, payments can continue to retirement age. Medical cover runs 2 to 5 years after payments stop, or for life at 21% or more. Read more: payout guide.

Can you claim workers compensation for a psychological injury in NSW?

Yes. PTSD, depression and anxiety are compensable where work was a significant contributing factor, covering weekly payments, treatment and potentially a lump sum. Claims arising mainly from reasonable management action, such as performance reviews, are excluded. Read more: psychological injury compensation.

What is whole person impairment (WPI) in a workers compensation claim?

Whole person impairment is a percentage rating of your permanent impairment, assessed once your condition stabilises. In NSW, 11% or more for a physical injury (15% for primary psychological injury) unlocks a lump sum, and more than 20% extends weekly payments. Read more: permanent impairment calculator.

Do casual workers get workers compensation in NSW?

Yes. Casual employees are covered by workers compensation in NSW on the same basis as full-time and part-time staff, regardless of employment length or visa status. Many labour hire workers and some contractors are also covered as deemed workers. Read more: workers compensation claims.

Can you be sacked while on workers compensation in NSW?

Your employer cannot lawfully dismiss you because of your work injury within 6 months of becoming unfit. Dismissal protections can still apply after that, and your claim, weekly payments and treatment continue even if your employment ends. Read more: Sydney workers compensation lawyers.

Does workers compensation cover medical expenses and travel in NSW?

Yes. The insurer must pay for reasonably necessary treatment, including surgery, physiotherapy, psychology and medication, plus travel to appointments. Seek approval before major treatment and keep every receipt, because disputes over what is reasonably necessary are common. Read more: workers compensation claims.

What can you do if your workers compensation claim is denied in NSW?

A denial is not the end of your claim. You can request an internal review, then dispute the decision in the Personal Injury Commission. Legal costs for most disputes are funded through an ILARS grant, so challenging generally costs you nothing. Read more: workers compensation claims.

Do you need a lawyer for a workers compensation claim in NSW?

You are not required to have one, but help usually costs nothing: legal costs for most NSW workers compensation disputes are paid through an ILARS grant. A lawyer matters most on lump sum claims, WPI assessments and denied claims. Read more: Sydney workers compensation lawyers.

NSW Motor Vehicle Accident FAQs

The most searched questions about motor vehicle accident claims in NSW, including CTP claims under the state’s green slip scheme. Figures below reflect the scheme as regulated by SIRA.

How much compensation do you get for a car accident injury in NSW?

Everyone injured in a NSW motor accident can claim statutory benefits: 95% of pre-accident earnings for the first 13 weeks, plus treatment and care. Non-threshold injuries where you were not mostly at fault also unlock a lump sum claim. Read more: motor vehicle accident claims.

What is a CTP claim in NSW?

A CTP claim is a personal injury claim against the compulsory third party (green slip) insurer of a vehicle involved in your accident. It covers drivers, passengers, motorcyclists, cyclists and pedestrians, paying income support, treatment and potentially a lump sum. Read more: CTP lawyers.

What are the time limits for a car accident claim in NSW?

Three deadlines matter. Lodge within 28 days of the accident for weekly payments backdated to the accident date, lodge the personal injury benefits claim within 3 months, and make any lump sum claim within 3 years. Late claims need a full explanation. Read more: motor vehicle accident claims.

Can you claim compensation if the car accident was your fault?

Yes, partially. The NSW scheme pays treatment and income support regardless of fault for up to 52 weeks. If you were wholly or mostly at fault, benefits stop at 52 weeks and no lump sum is available, so disputed fault is worth challenging. Read more: CTP claims.

What is a threshold injury in a NSW CTP claim?

A threshold injury is a soft tissue injury or minor psychological injury. If all your injuries are threshold, benefits stop at 52 weeks with no lump sum. Fractures, disc injuries with nerve involvement and diagnosed psychiatric conditions are non-threshold. Read more: motor vehicle accident claims.

What lump sum compensation can you claim after a car accident in NSW?

If your injury is non-threshold and you were not mostly at fault, you can claim past and future economic loss. Where whole person impairment is greater than 10%, you can also claim pain and suffering, capped and indexed annually. Read more: CTP lawyers.

How long does a car accident compensation claim take in NSW?

Statutory benefits start within weeks of an accepted claim. Lump sum claims usually resolve within 18 months to 3 years, because injuries must stabilise first and a damages claim generally cannot settle inside 2 years unless impairment exceeds 10% WPI. Read more: motor vehicle accident claims.

Can passengers claim compensation after a car accident in NSW?

Yes. Passengers are almost never at fault, so they can usually access the full range of entitlements: income support, treatment and care, plus a lump sum for non-threshold injuries. This applies whichever vehicle the at-fault driver was in. Read more: motor vehicle accident claims.

What happens if you are injured by an uninsured or unidentified vehicle in NSW?

You can still claim. The Nominal Defendant scheme acts as the CTP insurer where the at-fault vehicle was uninsured or unidentified, such as a hit and run. Report to police immediately, because unidentified vehicle claims require due inquiry and search. Read more: CTP claims.

Do you need a lawyer for a CTP claim in NSW?

Statutory benefits can be claimed without a lawyer. Legal help matters most at the lump sum stage, where threshold classification, WPI assessment and economic loss calculations decide the outcome. We assess your claim for free and tell you what it is worth. Read more: compensation lawyers Sydney.

TPD and Superannuation Claim FAQs

The most searched questions about TPD and super claims. For the full process, see our TPD claim process guide and our guide to TPD payouts from super.

What is a TPD claim?

A TPD (total and permanent disability) claim is a lump sum insurance claim through the insurance attached to your superannuation. It pays out when injury or illness leaves you unlikely to return to work in your usual field. Most Australians hold TPD cover without realising. Read more: TPD and super claims.

How much is the average TPD payout in Australia?

TPD payouts commonly range from $60,000 to $500,000 per policy, with default super fund cover often paying $100,000 to $300,000 depending on your age and fund. Your benefit is written in your policy, and multiple funds can multiply the total. Read more: TPD payout guide.

How long does a TPD claim take?

Most TPD claims are decided within 6 to 12 months of lodgement. Straightforward claims with strong medical evidence can be faster, while disputed claims take longer. Complete medical and employment evidence upfront is the biggest factor in avoiding delays. Read more: TPD claim process guide.

Can you claim TPD from more than one super fund?

Yes. Each super fund policy with TPD cover is a separate contract, and you can claim on every policy active on the date you stopped work. Many people who changed jobs hold two or three old funds with forgotten cover. Read more: TPD lawyers.

Do you pay tax on a TPD payout?

The payout lands in your super account without immediate tax. Tax can apply on withdrawal: under 60, a portion may be taxed at up to 22% depending on your age and service period, while over 60 withdrawals are generally tax free. Read more: TPD payout guide.

Do you have to be unable to do any job to claim TPD?

No. Most policies require that you are unlikely to ever work again in an occupation suited to your education, training or experience. That is narrower than being unable to do any job at all, so many people qualify without realising. Read more: TPD lawyers.

What conditions qualify for a TPD claim?

Any injury or illness that permanently stops you working in your usual field can qualify: back and spinal injuries, chronic pain, heart conditions, cancer, neurological disease, and psychological conditions such as depression, anxiety and PTSD. It need not be work related. Read more: TPD and super claims.

What can you do if your TPD claim is rejected?

Rejections can be challenged, first through the fund’s internal dispute process, then the Australian Financial Complaints Authority or court. Many rejected claims are overturned with better medical and vocational evidence, and we review declined TPD claims at no cost. Read more: superannuation lawyers.

Can you claim TPD if you stopped working years ago?

Often yes. Your claim is assessed against the cover you held on the date you stopped work, so a claim can succeed years later if premiums were being deducted then. Old, closed or rolled-over funds can still be claimed against. Read more: TPD lawyers.

NSW Public Liability FAQs

The most searched questions about public liability claims in NSW, from slips and falls to dog attacks.

What is a public liability claim in NSW?

A public liability claim is a compensation claim against a person or business whose negligence caused your injury in a public or private space: a supermarket spill, broken footpath or unsafe rental property. The occupier’s insurer pays the claim, not the individual. Read more: public liability claims.

How much compensation do you get for a slip and fall in NSW?

There is no fixed amount. You can claim medical expenses, lost earnings and care, while pain and suffering requires an injury assessed at 15% or more of a most extreme case. Outcomes range from modest sums to seven figures for catastrophic injuries. Read more: public liability claims.

What do you need to prove in a public liability claim?

Three things: the occupier owed you a duty of care, they breached it by failing to act reasonably, and the breach caused your injury and loss. Photos of the hazard, incident reports, witness details and early medical records win these claims. Read more: public liability guides.

What is the time limit for a public liability claim in NSW?

Generally 3 years from when the injury was discoverable, with a 12 year long stop. Notify councils or government authorities much earlier, ideally within 6 months, and act fast regardless: CCTV footage is routinely deleted within weeks of an incident. Read more: public liability claims.

Can you claim compensation for an injury at a supermarket or shopping centre?

Yes, these are among the most common public liability claims in NSW. A spill left unattended can establish a breach of the cleaning and inspection systems required. Report the incident immediately, request CCTV be preserved in writing, and see a doctor that day. Read more: public liability claims.

Can you claim compensation for a dog attack in NSW?

Yes. A dog owner is generally liable for personal injury caused by their dog attacking you, without you needing to prove negligence. Compensation covers treatment including plastic surgery, lost income and psychological injuries. Report the attack to the local council promptly. Read more: public liability claims.

What compensation can you claim in a public liability case?

You can claim past and future medical expenses, loss of earnings and superannuation, the value of care and domestic assistance you now need, and pain and suffering where your injury meets the 15% most extreme case threshold. Evidence maximises every head of damage. Read more: public liability guides.

Can you still claim if you were partly at fault for your injury?

Yes. Contributory negligence reduces compensation by your percentage share of fault, it does not eliminate the claim. If you were 25% responsible, you recover 75% of assessed damages, and the percentage itself is often the most negotiable part. Read more: public liability claims.

NSW Work Injury Damages FAQs

The most searched questions about work injury damages claims: the common law claim available on top of workers compensation for serious workplace injuries, regulated by SIRA.

What is a work injury damages claim in NSW?

Work injury damages is a common law negligence claim against your employer, made on top of workers compensation. It compensates lost earning capacity as a single lump sum where employer negligence caused a serious injury, and is often worth far more. Read more: work injury damages.

Who is eligible for work injury damages in NSW?

Two mandatory requirements: whole person impairment assessed at 15% or more, and employer negligence that caused the injury, such as an unsafe system of work or inadequate training. Negligence is broader than most injured workers expect, so check before ruling yourself out. Read more: work injury damages.

How much can you claim in work injury damages?

Work injury damages covers past loss of earnings and future loss of earning capacity, including superannuation. Pain and suffering is not claimable, but for a younger worker unable to return to their trade, future economic loss alone frequently reaches six or seven figures. Read more: work injury damages calculator.

What happens to your workers compensation if you settle a work injury damages claim?

Settlement ends your workers compensation entitlements: weekly payments stop, past payments are repaid from the settlement, and future medical cover ends for that injury. The figure must properly account for everything you give up before any offer is accepted. Read more: work injury damages.

What is the time limit for a work injury damages claim?

The limitation period is 3 years from the date of injury, with court leave needed after that. In practice the timeline turns on reaching the 15% whole person impairment threshold, so starting the workers compensation process early protects the damages claim. Read more: work injury damages.

What is a pre-filing statement in a work injury damages claim?

A pre-filing statement is the formal document served on your employer’s insurer setting out the negligence allegations and damages claimed before court proceedings can begin. The insurer must respond, mandatory mediation follows, and most claims settle at or before that mediation. Read more: work injury damages.

How do you prove employer negligence for work injury damages?

Show your employer failed to take reasonable care: an unsafe system of work, inadequate training or supervision, faulty equipment, ignored complaints or unrealistic workloads. Incident reports, SafeWork notifications, witness accounts and safety records all matter, including for psychological injuries. Read more: work injury damages.

How long does a work injury damages claim take?

Most claims resolve within 12 to 18 months of the 15% WPI threshold being established, because mandatory pre-filing and mediation push the parties to settle without court. The longest part is usually waiting for your injury to stabilise. Read more: work injury damages calculator.

Police and Emergency Services Claim FAQs

The most searched questions from injured police officers, paramedics and firefighters. These workers are exempt workers with substantially better entitlements than the standard NSW scheme.

What are exempt workers in NSW workers compensation?

Exempt workers are police officers, paramedics and firefighters (coal miners too). They are exempt from the 2012 cutbacks to the NSW scheme, keeping older, more generous entitlements: no 5 year cap on weekly payments, broader medical coverage and additional lump sums. Read more: exempt workers.

What extra compensation do police and emergency service workers receive in NSW?

Exempt workers can receive weekly payments while incapacity continues without the 260 week cap, medical expenses without standard time limits, permanent impairment lump sums under the older scheme rules, and a separate pain and suffering payment of up to $50,000. Read more: exempt workers.

Can police officers claim compensation for PTSD in NSW?

Yes. PTSD, depression and anxiety caused by policing are compensable, whether from one traumatic incident or cumulative exposure over a career. Medically discharged officers can claim weekly payments, treatment, permanent impairment lump sums and pain and suffering compensation. Read more: psychological injury compensation.

Can paramedics and firefighters claim for psychological injury?

Yes. As exempt workers, paramedics and firefighters injured psychologically have the same enhanced entitlements as police: uncapped weekly payments, treatment expenses and lump sums for permanent impairment plus pain and suffering. Firefighters also benefit from presumptive cancer legislation. Read more: exempt workers.

Can police and emergency workers claim work injury damages too?

Yes. If your whole person impairment reaches 15% and employer negligence caused the injury, for example systemic failures managing known trauma exposure, you can pursue a lump sum for lost earning capacity on top of exempt worker entitlements. Read more: work injury damages.

Can medically discharged police officers claim TPD as well as workers compensation?

Yes, and many discharged officers miss this. TPD insurance through superannuation is separate from workers compensation, so a medically discharged officer can often claim both: ongoing workers compensation benefits plus a TPD lump sum through their fund. Read more: TPD and super claims.

Are volunteer firefighters and SES members covered for injury compensation in NSW?

Yes. Volunteer firefighters, SES volunteers and other emergency service volunteers injured on duty are covered by a dedicated NSW scheme for bush fire, emergency and rescue service workers, providing weekly payments, medical expenses and lump sums. The process differs from employed workers. Read more: exempt workers.

Still Have Questions About Your Compensation Claim?

Your situation is specific, and the right answer depends on your injury, your job and your deadlines. We tell you what your claim is worth before you commit to anything. Call 1800 952 898 for a free claim check, or send the Free Claim Check form on this page. No upfront costs, no win no fee. You can also browse our claim guides or contact us online.

Written by Issa Rabaya, Withstand Lawyers · Updated 3 July 2026

About the author

Issa Rabaya · Principal Lawyer and Director

✓ Admitted to the Supreme Court of NSW and High Court of Australia ✓ LLB ✓ IRO-approved ✓ Law Society of NSW

Acts for injured people in CTP, workers compensation, TPD and public liability claims.