If you are injured at work, everything can change in a moment. One minute you’re lifting, driving or performing a routine task. The next, you’re dealing with pain, uncertainty and questions about your job and income. If you get injured at work, what you do in the first 24 to 72 hours can directly affect your recovery and your workers’ compensation claim.
According to Safe Work Australia, more than 146,000 serious workers’ compensation claims were made last year, most involving physical injuries such as fractures, back injuries or torn ligaments. In NSW, the State Insurance Regulatory Authority (SIRA) reports that these physical injuries make up the majority of workplace claims. Behind every number is someone who simply went to work expecting a normal day.
If you are injured at work in NSW, there are four key steps you need to know to protect your health, your income and your legal rights. This guide breaks down those four critical steps, and explains how our experienced workers’ compensation lawyers can help you move forward with confidence.
1. Speak to a Personal Injury Lawyer
By the time you are reading this, you have likely already seen your GP. If you haven’t, that is your first priority. But very early in the process, sometimes even before you formally lodge your claim, speaking to a personal injury lawyer can change the direction of your entire matter.
It costs nothing to ask questions. It carries no risk. And it can prevent irreversible mistakes.
If you are injured at work in NSW, strict time limits apply under the workers compensation scheme regulated by SIRA. Many workers assume they have years to act. In reality, delay can complicate entitlement to weekly payments, lump sums, and work injury damages claims.
At Withstand Lawyers, our personal injury lawyers can:
Explain your time limits clearly
Confirm your entitlement to weekly payments and medical expenses
Identify whether you may qualify for lump sum compensation
Advise whether your injury could meet the threshold for a work injury damages claim
Guide you on how to properly report your injury to your GP and employer
Words matter. How your injury is described in medical records matters. How the mechanism of injury is recorded matters.
When you get injured at work, you are often in pain and focused on recovery. You may not realise that small omissions or a simple choice of wording in early documentation can later affect causation (the link between your employment and your injury).
A brief conversation with our workers compensation lawyers ensures you give your GP the full picture. It ensures your reporting aligns with the legal tests under NSW workers compensation law. It ensures you do not unintentionally weaken your own claim.
It is far easier to protect a claim at the beginning than to repair it later. Contact our workplace injury lawyers today for a free claim assessment to get your claim started on the right foot.
2. Report Your Workplace Injury To Your GP
If you are injured at work, your GP becomes central to your claim.
Your Certificate of Capacity drives your entitlement to weekly payments. Your medical notes are relied upon by the insurer. Your description of events becomes the foundation of causation.
When you attend your GP, be precise.
Explain:
Exactly how the injury occurred
What task you were performing
Where you felt pain
When the pain started
Whether symptoms have worsened
Even if the pain seems minor, report it. Soft tissue injuries can deteriorate. What feels like a strain may later be diagnosed as a tear. If it is not documented early, insurers may argue it was not work-related.
If you did not initially report your injury clearly, your claim may be unnecessarily disputed.
Workers compensation in NSW is a no-fault system, meaning you do not need to prove your employer was negligent to receive weekly payments and medical expenses. You should be honest and detailed when speaking with your GP. How the incident is described matters.
If unsafe systems, inadequate training, faulty equipment, or poor supervision contributed to your injury, ensure that is accurately recorded. You are not trying to place blame. You are simply documenting.
Be thorough about where you have pain. Causation is assessed by medical experts. If your shoulder, neck and back were affected in the same incident, report all areas. Even if one area feels less severe in comparison.
Once it is in your medical records, it exists. If it is not recorded, insurers may argue it never happened.
You will also need to submit an updated Certificate of Capacity approximately every 28 days to continue receiving weekly payments. Without a current certificate supporting incapacity, payments can stop.
Your GP’s documentation is not administrative. It is legal evidence.
3. Report Your Workplace Injury To Your Employer
If you get injured at work, reporting it to your employer is essential.
It confirms that the injury occurred at work and not somewhere else. It creates contemporaneous evidence. In legal practice, if it is not in writing, it does not exist.
In NSW, employers must maintain a register of injuries and notify their insurer within 48 hours of becoming aware of a workplace injury. But you should not rely solely on verbal reporting.
We recommend:
Sending an email to your supervisor or HR
Completing the employer’s incident report form
Keeping a copy of any documentation
Include:
The date and time of the incident
The location
The task you were performing
The injury sustained
Any witnesses
Be factual. Be clear. Avoid exaggeration. Accuracy builds credibility.
There is also a formal workers compensation claim form that can be completed and submitted. However, even before that, written notification is powerful evidence.
If you delay reporting, insurers may argue that the injury occurred outside of work. If you change your description later, credibility may be questioned.
You may feel uncomfortable reporting the injury. You may worry about how it will be perceived. But protecting your health and legal rights is not disloyalty. It is responsibility.
Reporting promptly protects you.
4. Work With The Insurer To Fast Track Your Workers Compensation Claim
This step is often underestimated.
Once your employer notifies the insurer, the insurer will contact you. They will request information. They may ask for:
Payslips
Employment details
Contact information for your treating doctors
Clarification about the incident
It is easy to ignore the call. You may feel overwhelmed. You may assume your employer has already handled everything.
But if you do not cooperate with reasonable requests, the insurer can delay or suspend weekly payments. They may deny provisional payments on the basis that required information was not provided.
If you are off work and relying on wage replacement payments, delay can create financial stress quickly.
Respond promptly. Provide documents when requested. Keep copies of everything you send.
Under the NSW scheme, insurers must commence provisional payments within seven days of being notified of the injury, unless they have a reasonable excuse. But “reasonable excuse” can include failure to provide necessary information.
If something feels unreasonable, for example, if the insurer is requesting information that appears irrelevant or excessive, speak to a personal injury lawyer.
Engagement speeds the process. Silence slows it.
The insurer is assessing liability. The clearer and more cooperative the process, the faster your entitlements are confirmed.
Feeling unsure about your claim? Our workers compensation lawyers can guide you through process, from start to finish, so you feel supported the whole way.
Contact us today for free claim assessment, to see how we can help fast track your entitlements after your injury at work, all on a No Win No Fee basis.
Can I Make a Work Injury Damages Claim If I Get Injured At Work?
Weekly payments and medical expenses are just one small part of the larger NSW compensation system.
If your injury is serious and meets a permanent impairment threshold under NSW law, you may qualify to make a work injury damages claim (also known as a common law claim). This is different from staying on weekly benefits under NSW workers’ compensation.
A work injury damages claim allows you to claim a lump sum for past and future loss of earnings if your employer was at fault. Unlike standard workers compensation which operates as a no-fault scheme, negligence must be established to claim work injury damages.
This is where earlier documentation becomes critical.
If unsafe systems of work, defective equipment, lack of training or inadequate supervision contributed to your injury, those facts must be proven. That is why how you reported the incident matters.
Work injury damages claims are complex. They require medical evidence, impairment assessments, and proof of employer negligence.
At Withstand Lawyers, these claims are handled on a No Win, No Fee basis. You do not pay upfront to make a work injury damages claim.
If your injury is permanent, remaining indefinitely on weekly benefits may not be your only option. Contact our work injury damages lawyers today for a free claim assessment to find out what you may be entitled to claim after an injury at work.
TPD Claims: For When You've Hurt Yourself At Work
Sometimes the injury is so severe that returning to work within your education, training and experience becomes unlikely.
If that is the case, you may have an entitlement beyond workers compensation. You may also qualify for a Total and Permanent Disability (TPD) claim through your superannuation.
A TPD claim is separate from workers compensation. It is not dependent on proving fault, and the payout does not come from your superannuation balance.
It simply depends on the wording of your superannuation policy and whether you are unlikely to return to work in your usual occupation or any occupation suited to your experience. Many workers do not realise they have this cover.
If you have hurt yourself at work and your doctors believe you may not return to your pre-injury role, it is worth investigating your superannuation entitlements.
These claims can provide significant lump sum payments, often between $50,000 – $350,000, and can be claimed alongside workers compensation entitlements.
Knowing all your options is part of protecting your future.
Unsure if you are eligible to make a TPD claim? Contact our TPD lawyers today for a free claim assessment to find out what your TPD payout could be worth.
Do I Get Paid If I Get Injured At Work?
In NSW, yes, provided the process is followed correctly.
If you are injured at work and your claim is accepted, you may receive:
Weekly wage replacement payments
Payment of reasonable medical and treatment expenses
Rehabilitation support
Lump sum compensation (if thresholds are met)
Weekly payments depend on your Certificate of Capacity, and you must submit an updated certificate every 28 days.
If your certificate confirms total incapacity, weekly payments may continue. If it confirms partial capacity, your employer must consider whether suitable duties are available.
If suitable duties exist and are consistent with your restrictions, you may be required to perform them. If suitable duties do not exist, weekly payments may continue based on your assessed capacity.
If you get injured at work in NSW, payment is not automatic, but it is available when the requirements are met.
Not sure if you’re recieving your full entitlements after an injury at work? Contact our experienced workers compensation lawyers today for a free claim assessment to find out how much compensation you could be entitled to claim.
Why Choose Withstand Lawyers For Your Workers Compensation Claim?
Navigating a workers compensation claim after an injury at work can feel overwhelming, especially when you’re in pain, off work, and worried about your income. You don’t have to manage insurers, paperwork and legal thresholds on your own.
At Withstand Lawyers, we understand the financial pressure and uncertainty that follow a workplace injury. Whether you’ve suffered a back injury, fracture or crush injury, we are here to guide you through every stage of the NSW workers compensation process.
Here’s why so many injured workers trust us with their workers compensation claims:
Decades of Experience
With years of experience, we’ve helped countless individuals secure compensation for their injuries by tailoring our approach to their unique circumstances.
No Out-of-Pocket Costs
The Independent Review Office (IRO) covers all legal fees and disbursements, meaning no hidden costs, no deductions, and no financial risk for your claim.
Compassionate and Personalised Support
We combine legal expertise with genuine empathy, taking the time to understand your story and provide clear, supportive guidance throughout the process.
Proven Track Record of Success
From weekly payments to lump sum compensation and work injury damages claims, we’ve achieved life-changing results for our clients.
Free Claim Assessment
Unsure about your eligibility? We offer a free, no-obligation assessment to explore your options, explain your entitlements, and set you on the right path.
If you are injured at work, choose Withstand Lawyers for experienced No Win No Fee legal support that you deserve.
Contact us today for your free claim assessment.
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
