If you’ve been injured at work, one of the first questions you might find yourself asking is, “How long can I stay on workers compensation in NSW?” It’s a fair question, and one that doesn’t always have a straightforward answer. Between managing recovery, dealing with your employer, and navigating the legal complexities of WorkCover, it’s easy to feel overwhelmed and uncertain about your future.
In New South Wales, workers compensation (previously WorkCover) is designed to support you while you recover, but it does come with strict timeframes, rules, and entitlements. Whether you’re wondering how long workers compensation lasts, how long you can receive weekly payments, or even if there’s a time limit to claim, this guide will walk you through everything you need to know.
Workplace injuries have destructive physical, mental and financial results for workers. According to SafeWork Australia, 120,355 serious claims were made in 2021.
While each Australian state has its own workers compensation laws, most claims are subject to strict time limits. These limits can often lead to injured workers missing out on the full compensation they’re entitled to. In New South Wales, how long you can stay on workers compensation depends on two key factors: your whole person impairment (WPI) rating and your capacity to return to work.
Because the duration of your WorkCover payments and medical benefits depends on the severity of your injuries, it’s important to get accurate legal advice early. Our experienced workers compensation lawyers can assess your situation and advise exactly how long you can stay on WorkCover in NSW — and what steps you can take to protect your entitlements.
How Long After a Workplace Injury Can You Claim Workers Compensation in Australia?
Injured workers shouldn’t delay getting professional advice and start making their claims as soon as possible. The time limit to make a workers compensation claim is 6 months from the date of injury or accident.
These time limits may be extended in certain situations; reach our workers compensation lawyers for a free claim assessment.
How Long Do You Have to Report a Work Injury in NSW?
You should report a workplace injury within 30 days and should your injury require you to undergo treatment or affect your capacity to work you are required to submit a Work Injury Claim Form along with a completed Certificate of Capacity within 6 months from the date of the injury to your employer.
In some cases, the time limit can be extended. Reach our workers compensation lawyers for a free claim assessment to find out whether you are eligible.
How Long Does a Workers Compensation Claim Take in NSW?
It’s difficult to give a one-size-fits-all answer to how long a workers compensation claim takes in NSW, as the timeline largely depends on how quickly your medical condition stabilises. On average, a workers compensation claim may take between 1.5 to 2 years from the date of lodgement. However, this can vary significantly based on the complexity of your case and whether the insurer disputes any part of your claim.
For instance, if your doctor has recommended surgery and the insurer denies approval, you have the right to escalate the dispute to the Personal Injury Commission for resolution. Our experienced workers compensation lawyers can represent you throughout this process at no cost to you, as legal fees are covered by the Independent Review Office (IRO).
To avoid delays and ensure you receive your full entitlements, it’s strongly recommended to act promptly and seek legal advice early in your claim process.
How Long Can You Stay on Workers Compensation or WorkCover in NSW?
In NSW, weekly compensation payments under the workers compensation scheme are generally limited to a maximum of 260 weeks (5 years) for injured workers with a Whole Person Impairment (WPI) of less than 21%.
However, this 260-week cap does not apply if:
Your injuries are assessed at 15% WPI or more, and your employer’s negligence contributed to the injury, making you eligible for a Work Injury Damages claim (a payout);
Your Whole Person Impairment is 21% or greater, entitling you to ongoing weekly payments beyond 260 weeks;
You are an exempt worker, such as a NSW police officer, paramedic, firefighter, coal miner, or emergency services volunteer.
In these cases, you may be entitled to weekly payments beyond the standard limit, as well as additional lump sum or medical compensation, depending on your circumstances.
Why Do Some Workers Delay Their Workers Compensation Claim in NSW?
- Some workers tend to delay making a workers compensation claim when they believe their minor injuries will heal with time.
- Some workers do not want to appear troublesome to their employer.
- Some workers fear that they may face dismissal from work because of making a compensation claim.
However, none of these concerns should prevent an injured worker from lodging a workers compensation claim. Making a claim is your legal right. Making a claim doesn’t harm anyone, and under NSW law, your employer cannot terminate or discriminate against you for exercising that right.
Unfortunately, we’ve seen many workers endure pain or even workplace bullying, hoping their condition improves or fearing repercussions. Yet in some cases, these same workers are terminated anyway, despite not having made a claim. When that happens, and there’s no documented evidence of your injury while employed, it becomes much more difficult to lodge a successful workers compensation claim.
If you’re unsure whether you’re eligible to make a workers compensation claim, reach out to our trusted workers compensation lawyers today for a free claim assessment. We’ll take the time to understand your situation and provide clear, personalised advice so you know exactly where you stand and what steps you can take next. Contact us today.
Can You Be Terminated While on Workers Compensation in NSW?
Employers terminating employees is not uncommon, however it is illegal in NSW during the protected period, which covers the first six months from the date of injury.
Even after the protected period ends, your employer is still legally obligated to assist your return to work. This includes:
Participating in the development of an Injury Management Plan
Complying with all obligations set out in that plan
Providing suitable duties, where reasonably practicable
Failing to meet these obligations can lead to substantial penalties and fines for the employer under NSW workers compensation laws.
If your employer has terminated your employment simply because your GP has deemed you unfit for work, you may still be entitled to receive:
Weekly compensation payments
Medical and treatment expenses
Lump sum compensation for permanent impairment
A potential Work Injury Damages payout if negligence is involved
Can You Make A Workers Compensation Claim After Resignation in NSW?
Yes, you can claim workers compensation after your resignation in NSW. Regardless of whether you are working or not, you will have 6 months to file your workers compensation claim.
If you are planning to resign, it’s highly recommended to talk to our experienced workers compensation lawyers first to inform you of the potential consequences of resigning on your workers compensation claim.
Our free claim assessment means you pay nothing to find out the best way forward. Contact us today.
Can You Make a Workers Compensation Claim After 3 Years in NSW?
If you suffered a long-term permanent impairment or one of your loved ones passed away, you may make a workers compensation claim with a reasonable cause after 3 years.
Also, your time limit could start from the date that you discovered your injury or illness, depending on your specific circumstances; so, if you were not aware of a work-related injury or illness, the 3-year time limit may not apply to you.
Unsure how this applies to your case? Contact us today for a free claim assessment to know where you stand.
When Should You Hire a Workers Compensation Lawyer?
It’s best to consult a workers compensation lawyer as early as possible, ideally before lodging your claim. Having legal guidance from the beginning can help you avoid common claim mistakes, ensure your claim is properly supported, and improve your chances of securing the maximum compensation you’re entitled to.
Our experienced workers compensation lawyers can assist you at every stage of the claims process. If this is your first time making a claim, we’ll help you:
✅ Confirm your eligibility under NSW workers compensation laws
✅Develop a tailored claim strategy
✅Estimate your likely compensation entitlements
✅Act on your behalf in dealing with the insurer and other parties, allowing you to focus on recovery
And the best part? You won’t need to worry about legal fees. As an IRO-approved law firm, our legal costs, including disbursements, are fully funded by the Independent Review Office for eligible claims.
Contact Withstand Lawyers today for a free claim check and trusted advice on your rights.
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
Issa Rabaya
• Bachelor of Laws
• Graduate Diploma in Legal Practice
• Approved Legal Service Provider to the Independent Review Office
• Member of the Law Society
