Principal Lawyer and Director · Last updated 3 July 2026
Key takeaway: Police officers, paramedics and firefighters are exempt workers under the NSW scheme, with different entitlements from other workers. You can claim a lump sum for a physical injury from more than 0% whole person impairment, pain and suffering from 10% permanent impairment, and the insurer must respond to a permanent impairment claim within 1 month.
Workers Compensation for Exempt Workers: Quick Answers
What is the difference between exempt and non-exempt workers?+
Exempt workers are police officers, paramedics and firefighters in NSW. Their weekly payments and lump sum benefits are calculated on a different basis from other workers, including lump sum eligibility for a physical injury from more than 0% whole person impairment and pain and suffering payouts from 10% permanent impairment.
How are weekly payments calculated for exempt workers?+
The insurer calculates weekly payments from your pre-injury average weekly earnings (PIAWE) and your degree of incapacity, using the NSW statutory rates that apply to exempt workers for total or partial work-related incapacity.
Can I claim for both physical and psychological injuries?+
Yes. Exempt workers can claim more than one lump sum payment. A physical injury is claimable from more than 0% whole person impairment, a psychological injury from 15% whole person impairment, and pain and suffering from 10% permanent impairment.
Exempt workers are certain classes of workers who are not covered by most of the provisions of the workers compensation acts in New South Wales (NSW) and are thus subject to different practice in terms of workers compensation.
Who are exempt workers?
Police officers, paramedics and firefighters are considered exempt workers within the compensation scheme of NSW. Exempt workers are entitled to claim different benefits in case of a work-related injury than other classes of workers. Basically, weekly and lump sum payment benefits that all workers within the scope of workers compensation in NSW may be eligible to claim in case of a work-related injury are calculated and granted on a different basis for exempt workers.
Weekly Payments
As an exempt worker, you may be entitled to weekly payments as a result of a total or partial work-related injury. The amount of weekly payments you receive will be calculated by the insurer.
NSW Workers Compensation Statutory Rates: Weekly payment amounts for exempt workers are governed by NSW statutory rates. The insurer calculates payments based on your pre-injury average weekly earnings (PIAWE) and the degree of your incapacity.
Incapacity Period
Benefit Amount
Conditions
First 26 weeks
Up to 100% PIAWE
Total or partial incapacity
Weeks 27-130
Up to 80% PIAWE (total); 95% PIAWE (partial)
Subject to insurer review
After 130 weeks
Determined by insurer
No 20% WPI threshold for exempt workers
Workers Compensation Lump Sum Payments in NSW
Only exempt workers become eligible to claim lump sum compensation if their physical injury is more than 0% whole person impairment. A claim for lump sum compensation can also be made in case of a psychological injury that is assessed at 15% or more for all workers.
As an exempt worker, you may also be eligible to receive lump sum payment for pain and suffering caused by your work-related injury. To be able to claim lump sum compensation for pain and suffering, there must be 10% permanent impairment or more.
Physical Injury
Eligible from 0% whole person impairment
Psychological Injury
Lump sum available at 15% or more WPI
Pain & Suffering
Claimable at 10% or more permanent impairment
Multiple Claims
May claim more than one lump sum payment
The insurer will require some information from you when you are making a claim for permanent impairment. When the insurer has all the information, they should respond to your claim within one month.
Making an Exempt Worker Claim
1
Report the injury to your employer as soon as possible.
2
See a doctor and obtain a medical certificate.
3
Lodge your claim with the relevant insurer.
4
Contact an experienced workers compensation lawyer to ensure maximum entitlements.
Frequently Asked Questions
What is the difference between exempt and non-exempt workers?
Exempt workers have access to more favourable entitlements, including lower whole-person-impairment thresholds for lump sum claims and no 20% WPI cap on weekly payments after 130 weeks.
How are weekly payments calculated for exempt workers?
Weekly payments are based on your pre-injury average weekly earnings (PIAWE) and your degree of incapacity, and are governed by NSW statutory rates set by the State Insurance Regulatory Authority (SIRA).
How long does an exempt worker permanent impairment claim take?
Can I claim for both physical and psychological injuries?
Yes. Exempt workers may claim separately for physical injury (eligible from 0% WPI) and psychological injury (eligible at 15% or more WPI), and may also be entitled to a pain and suffering lump sum at 10% or more permanent impairment.
Do I need a lawyer for an exempt worker claim?
A claim can be lodged without a lawyer, but an experienced workers compensation lawyer can significantly improve your outcome. Withstand Lawyers operates on a No Win No Fee basis and is located in Sydney and Parramatta — call 1800 952 898 for a free assessment.
Why Choose Withstand Lawyers for Your Exempt Worker Claim?
Withstand Lawyers stands with police officers, paramedics and firefighters living with serious physical and psychological injuries. When you bring your exempt worker claim to Withstand Lawyers, you get a team with decades of experience, more than $47M recovered for injured clients and a 99% success rate. We handle the insurer, the statutory rates and the impairment assessments so you can focus on your recovery. Every claim runs on a no win no fee basis, with no upfront costs. Withstand Lawyers keeps you informed at every step and treats your wellbeing as the priority.
Call 1800 952 898 for a free claim check. No win, no fee, no upfront costs.
No Win No FeeNo Upfront Costs99% Success RateFree Claim CheckMaximum Lump Sum Payout
★ 4.9 on Google (265+ reviews)
Free Claim Check
Posted on Google
Ben Jensen-tuicakau
Trustindex verifies that the original source of the review is Google.
A lovely work group to work with professional and prompt putting my mind at ease when I felt overwhelmed providing expert assistance.Do not second guess the services they provide, money well spent, thankyou.
Posted on Google
Kill it pest manage
Trustindex verifies that the original source of the review is Google.
Have had a great experience with withstand lawyers dealt with isa ,and was a great result
Posted on Google
K M
Trustindex verifies that the original source of the review is Google.
I am so grateful to Mario and his team at Withstand Lawyers. Throughout the whole process of working with them I felt supported and heard, and they helped me achieve a very positive outcome. They are professional, warm, very fast in responding to any questions or communication, and from start to finish, I felt as if they truly cared about me as their client rather than it being just another business transaction. I highly recommend Mario and his team from Withstand, thank you again!
Posted on Google
Jan Wall
Trustindex verifies that the original source of the review is Google.
Rashidah & Britney were amazing. Highly recommend.
Posted on Google
Hana Lakkis
Trustindex verifies that the original source of the review is Google.
I had the pleasure of dealing with Rojh, she’s very attentive, and went out of her way to ensure my needs were met quickly and professionally. Her warm attitude and willingness to help made my whole experience easy. Your firm is very lucky to have you, a true asset to your team.
Posted on Google
Eric Colombara
Trustindex verifies that the original source of the review is Google.
Thanks to Mario and everyone at Withstand Lawyers for helping me with my claim. From start to finish they made the whole process easy and stress free. They kept me updated the entire time and explained everything clearly. Mario got me a great result. I really appreciate everything they did for me and I highly recommend them.
Posted on Google
Mathew Apps
Trustindex verifies that the original source of the review is Google.
Very transparent about the whole process and extremely helpful with any questions. Would recommend 100%
Posted on Google
Robert Faasii
Trustindex verifies that the original source of the review is Google.
