Workers Compensation Claim – NSW

Issa Rabaya

Written by

Issa Rabaya

Principal Lawyer and Director · Last updated 24 August 2026

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Key Takeaway: If you’ve been injured at work in NSW, workers compensation can cover your medical treatment, weekly wage payments while you recover, and lump sum compensation for permanent impairment. You don’t need to prove your employer was at fault, and Withstand Lawyers runs these claims on a no win, no fee basis.

Workers Compensation: Quick Answers

Who can claim workers compensation in NSW?
Most workers in NSW are covered from their first day on the job, including full-time, part-time and many casual staff. If you were injured while working, or your work made an existing condition worse, you can generally lodge a workers compensation claim regardless of who caused the injury.
What can a NSW workers compensation claim pay for?
A claim can cover reasonable medical and treatment expenses, weekly payments to replace lost wages while you cannot work, travel costs to appointments, and a lump sum for permanent impairment. Seriously injured workers may also pursue a work injury damages claim where employer negligence caused the harm.
How long do I have to lodge a workers compensation claim in NSW?
You should tell your employer and lodge your claim as soon as possible after an injury, because strict time limits apply in NSW. Late claims can sometimes still be accepted where there is a good reason for the delay, so it is worth getting legal advice early to protect your entitlements.
No Win No FeeNo Upfront Costs99% Success RateFree Claim Check

Workers Compensation Lawyers

When you’ve been injured at work, you deserve the best legal advice. Our workers compensation lawyers will advise you on your compensation entitlements and how to claim them. Call us now or fill out the form below.

  • No Upfront Costs
  • No Win No Fee
  • 99% Success Formula


Call Now 1800 952 898

Workers Compensation Lawyers

When you’ve been injured at work, you deserve the best legal advice. Our workers compensation lawyers will advise you on your compensation entitlements and how to claim them. Call us now or fill out the form below.

  • No Upfront Costs
  • No Win No Fee
  • 99% Success Formula


Call Now 1800 952 898

What am I
Entitled to?


  • Medical Expenses


  • Lump sum payment


  • Loss of income


  • Household domestic assistance expenses

What is the process for making a claim?

1
We will listen carefully to your situation. We will make sure you actually understand your entitlements and how to claim them.
2
Obtain relevant documents to support your claim and maximise your compensation entitlements.
3
Negotiate with the other side to settle or resolve your claim for the best result whilst keeping you informed and updated.

Frequently Asked
Questions?

Do I need to prove my employer was at fault to claim workers compensation in NSW?
No. Workers compensation in NSW is a no-fault scheme, which means you can claim medical expenses and weekly payments even if the injury was your own mistake or nobody’s fault. Fault only becomes relevant if you later pursue a separate work injury damages claim for employer negligence.
What injuries are covered by workers compensation in NSW?
Both physical and psychological injuries can be covered, including sudden accidents, injuries that build up over time, diseases caused by work, and the aggravation of a pre-existing condition. Psychological injuries such as work-related stress or bullying may qualify where work was a significant contributing factor to the condition.
How are weekly payments calculated for a NSW workers compensation claim?
Weekly payments are based on your pre-injury average weekly earnings and the amount reduces at set stages as your claim continues. Your capacity to return to some form of work also affects the rate. The amounts and how long they last depend on your circumstances, so it helps to check your entitlement.
Can I claim a lump sum for permanent impairment in NSW?
Yes. If your work injury leaves you with a permanent impairment assessed above the legislated threshold, you may be entitled to a lump sum compensation payment. The size of the payment depends on your assessed level of whole person impairment, which is measured by an approved medical assessor.
What is the difference between a workers compensation claim and a work injury damages claim?
A workers compensation claim is no-fault and covers medical costs, weekly payments and lump sums. A work injury damages claim is a separate common law claim you can bring when your employer’s negligence caused a serious injury, and it can recover past and future economic loss beyond the standard benefits.
What should I do straight after a workplace injury in NSW?
Report the injury to your employer, seek medical treatment and ask your doctor for a certificate of capacity. Keep records of your injury, treatment and any expenses. Your employer must notify their insurer, and getting legal advice early helps you understand your entitlements and avoid missing important steps.
What happens if my workers compensation claim is disputed or denied?
If the insurer disputes or denies your claim, you have the right to challenge that decision. Many disputes are resolved through the Personal Injury Commission, which handles workers compensation matters in NSW. A lawyer can review the insurer’s reasons, gather supporting medical evidence and represent you through the dispute process.
How much does it cost to hire a workers compensation lawyer at Withstand?
Withstand Lawyers runs workers compensation claims on a no win, no fee basis, so you do not pay our professional fees unless your claim succeeds. In many NSW workers compensation matters, an independent body can also fund the legal costs of getting advice, meaning the barrier to good representation is low.

How can I make a workers compensation claim?
Firstly, contact your employer and report that you had a workplace injury and then complete and submit a Workers injury claim form. Your GP (General Practitioner) will also need to complete a Work Cover Medical Certificate in support of that Workers injury claim form.
Can I claim lump sum compensation?
Claims for lump sum compensation for injuries are based your permanent impairment. In order to receive compensation by way of a lump sum, your physical injuries need to be 11% whole person impairment or greater. If you have primary psychological injuries, 15% is the limit to claim lump sum compensation. You are not entitled to receive permanent impairment compensation for secondary psychological injuries.
What information do I need to provide with my workers compensation claim form?
You need to provide your details, injury details such as the injury date, description of injury and where the injury occurred. You also need to provide details about your employment such as the name of the employer that was paying your wages when you were injured, details of occupation and when you started working there. You’ll also need to provide your pay details such as how much you were earning and how many hours you were working prior to your injury date. You’ll also need to provide details treatment and return to work details, and your employers details. Your employer will also need sign the work injury claim form.
Can I claim a common law lump sum payout?
If your injuries are assessed at 15% whole person impairment or greater and the injuries were as a result of your employers’ negligence, you may be able to make a work injury damages claim. A work injury damages claim allows for you to claim your future loss of earnings until the age of retirement by way of a lump sum payment. That means that the insurer would essentially pay an advanced amount based on your capacity to work and your pre accident wages until the age of retirement. Sometimes it may not be the best decision to settle a work injury damages claim because your medical expenses would no longer be covered by the insurance company.

Payments are calculated based on your age, severeness of your injuries, the medical expenses and the amount of time you will not be able to work because of your injuries/sickness. Our experienced personal injury lawyers specialise in workers compensation and may give you estimate compensation payout according to your case.
What is an exempt worker?
Exempt workers include police officers, paramedics and fire fighters. They do not have the threshold for physical lump sum impairment. They are able to claim permanent impairment if their assessment for physical injuries are greater than 0% whole person impairment. They are also able to claim compensation for pain and suffering if your injury is assessed at being 10% or greater. Generally exempt workers are entitled to weekly benefits based on their current weekly wage rate before the work related injury during 26 weeks. After the first 26 weeks, the weekly benefit paid becomes a fixed rate, which is called ‘statutory rate’ or 90% of your average weekly earnings.


Call Now 1800 952 898

Issa Rabaya, Principal Lawyer and Director at Withstand Lawyers

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.

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Why Choose Withstand Lawyers for Your Workers Compensation Claim?

Being injured at work can turn your life upside down, leaving you worried about your health, your income and your job. At Withstand Lawyers, we take that weight off your shoulders. Our NSW workers compensation team listens to what you are going through, explains your options in plain language, and handles the paperwork, insurers and deadlines so you can focus on recovering. We fight to make sure you receive every entitlement you are owed, from medical treatment and weekly payments to lump sum compensation, and we keep you informed at every step. You are never just a file number to us. Over $47 million recovered, 99% success rate, no win, no fee.

Call Withstand Lawyers on 1800 952 898 for your free claim check today.

No Upfront CostsNo Win No Fee99% Success RateMaximum Lump Sum Payout
Google Reviews

4.9 ★ — 265+ Reviews

Iza Lavado
Jan 2024
★★★★★

“I have searched top lawyers (personal injury) in Sydney. I found Withstand Lawyers so I rang them up and asked I need lawyers that are nicer and more understanding despite what I am going through. They exceeded my expectations especially Issa, he always remind everyone to be more cautious when speaking to me and I really appreciate that. I am satisfied that my case (MVA) turned out to be successful. Withstand lawyers is more than 5 stars. Can’t recommend highly enough.”

JA JA
Jan 2026
★★★★★

“I would like to express my deepest appreciation for the incredible support I’ve received over the past 4.5 years. My case has been long, complicated, and filled with challenges, but Issa and his team stood by me through every step with genuine care, professionalism, and dedication. Their compassion has meant just as much to me as their legal expertise. They didn’t just handle my case, they helped me through some of the most difficult years of my life. I wholeheartedly recommend them to anyone who needs genuine support, honesty, and a team that truly cares about your wellbeing.”

Brody Collier
Jul 2026
★★★★★

“Thank you Withstand Lawyer for your exceptional work, professionalism and easy process for successfully assisting me with my TPD claim. I am thankful for your support. I highly recommend Withstand Lawyers and the services they provide.”

Bluskies Cleaning Team
Jul 2026
★★★★★

“Had a very positive experience with Withstand Lawyers. The team was professional, knowledgeable, and supportive throughout the entire process. They took the time to explain everything clearly, kept me informed at every stage, and responded promptly to my questions. Their attention to detail and commitment to achieving the best possible outcome gave me confidence from start to finish. I truly appreciate their dedication and excellent service, and I would highly recommend Withstand Lawyers to anyone looking for reliable and trustworthy service.”

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