Workers Compensation Lawyers
Written by
Principal Lawyer and Director · Last updated 26 August 2026
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Key Takeaway: In NSW, workers compensation covers medical expenses, lost wages and rehabilitation. Weekly payments are 95% of your pre-injury earnings for the first 13 weeks, then 80%. If your whole person impairment is assessed at 11% or more, you may also claim a lump sum for permanent impairment.
Workers Compensation: Quick Answers
What is workers compensation?
Is workers compensation compulsory in NSW?
Am I eligible for workers compensation?
- You are an employee (full-time, part-time or casual)
- You have suffered an injury or illness that is related to your work
- Your injury or illness was caused by or aggravated by your employment
Who pays for workers compensation?
What benefits can I receive if I make a workers compensation claim?
Weekly payments
Income replacement while you are unable to work due to your injury. Payments are based on your pre-injury average weekly earnings.
Medical expenses
Hospital, treatment, surgery, medication and rehabilitation costs are covered under your claim.
Rehabilitation
Vocational and physical rehabilitation to help you return to work, including retraining costs.
Lump sum compensation
Permanent impairment payments for lasting injuries or disabilities assessed at 11% or more whole person impairment.
Domestic assistance
Help with household tasks you can no longer perform due to your injury.
Work injury damages
Common law damages where employer negligence caused the injury and your impairment is 15% or greater.
How to make a workers compensation claim in NSW
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1Report your injury or illness to your employer as soon as possible. It is recommended to do so within 48 hours of the incident.
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2See a doctor and seek medical treatment. You will also need to obtain a certificate of capacity to be completed by your doctor.
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3Lodge a claim with your employer’s insurer. Your employer will need to provide you with the relevant forms.
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4Contact our team of workers compensation lawyers to seek advice about your injury and compensation entitlements.
Workers compensation payouts
- Your age and the age of retirement
- The severity and complexity of your injury or illness
- Your working conditions, including supervision provided and the level of training you received
- Your prospects of rehabilitation
- Whether your injury occurred as a result of your employer’s negligence
Is my whole person impairment 15% or higher?
What types of injuries are covered?
- Back and spinal injuries
- Shoulder injuries
- Hip and knee injuries
- Head and concussion injuries
- Brain injuries
- Hearing loss
- Repetitive strain injuries
- Eye injuries
- Chemical burn injuries
- Psychological injuries including stress, anxiety and PTSD
- Occupational diseases
- Injuries sustained travelling to or from work in certain circumstances
- All types of amputation
Time limits for workers compensation claims
- You should report your injury to your employer and the workers compensation authority as soon as possible. It is recommended to do so within 30 days of the incident or as soon as you become aware of your injury or illness.
- In NSW, you have 6 months from the date of the injury to submit a claim.
- In certain circumstances, this time limit can be extended to 3 years, and more than 3 years if the injury is related to death or serious and permanent impairment.
What is a work injury damages claim?
- Your employer owed you a duty of care
- Your employer breached that duty of care
- You suffered an injury as a result of that breach
- Your whole person impairment is assessed at 15% or more
How are workers compensation payments calculated?
How much compensation can I get?
How much do lawyers charge?
Workers Compensation Lawyers FAQs
When is the best time to contact a workers compensation lawyer?
You can consult our workers compensation lawyers at any point during your compensation claim process. It is always better to talk to a workers compensation lawyer right after an injury to learn what to do as a next step to maximise your compensation benefits and see if you are eligible for a lump sum.
What are the most common workplace injuries?
Thousands of workers suffer from workplace accidents that are subject to a workers compensation claim. Some of the most common injuries are: back injuries, shoulder injuries, hip injuries, knee injuries, chemical burn injuries, elbow injuries, head and concussion injuries, brain injuries, hearing loss, repetitive strain injuries, eye injuries, and all types of amputation.
How much does a lawyer charge for a workers compensation claim?
At Withstand Lawyers, we provide a free claim check and are an approved Independent Review Office (IRO) firm, which means you are not liable to pay for our legal costs and disbursements as they are covered by IRO. We also work on a No Win No Fee basis for work injury damages claims, so you do not pay us if we do not win your case.
What information do I need to provide with my workers compensation claim form?
You need to provide your 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, when you started working there, and your income. Your employer will also need to sign the work injury claim form.
What is an exempt worker?
Exempt workers include police officers, paramedics and firefighters. They are able to claim a lump sum payout for permanent impairment if their assessment for physical injuries is greater than 0%. They are also able to claim compensation for pain and suffering if their injury is assessed at being 10% or greater.
Can I claim workers compensation benefits on behalf of my close relative?
Yes. If you are a dependant of someone who died whilst they were working, you may be entitled to claim workers compensation benefits on their behalf. In New South Wales, every employee is covered under the Workers Compensation Scheme, and death benefits form part of the entitlements available to eligible dependants.
What lump sum can I receive for permanent impairment?
You may receive a lump sum permanent impairment payment if your injury or disability is assessed at 11% or more whole person impairment (WPI). For psychological injuries, the threshold is 15% WPI. If your WPI is 15% or higher, you may also be eligible to make a separate work injury damages claim.
How are my weekly workers compensation payments calculated?
Weekly payments are based on a percentage of your pre-injury average weekly earnings (PIAWE). For the first 13 weeks you will receive 95% of your PIAWE, and after 13 weeks you will receive 80% of your PIAWE. The amount can vary depending on whether you return to work in some capacity.
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.
Why Choose Withstand Lawyers for Your Workers Compensation Claim?
When you are injured at work, you deserve a legal team that treats your recovery as seriously as you do. Withstand Lawyers has spent decades standing beside injured workers across New South Wales, guiding them through every stage of the workers compensation process with genuine care. We understand how a serious workplace injury or illness can affect your income, your family and your future, and Withstand Lawyers works tirelessly to secure every entitlement you are owed. From weekly payments and medical expenses to lump sum and work injury damages claims, Withstand Lawyers has a proven record of results. Over $60 million recovered, 99% success rate, no win, no fee.
Call Withstand Lawyers on 1800 952 898 for your free claim check today.
4.9 ★ — 265+ Reviews
“Working with Esther has been an absolute blessing during an incredibly difficult time. Anyone who has ever had to navigate an insurance claim knows just how difficult, overwhelming, and anxiety-inducing the entire process can be. Before reaching out to Withstand Lawyers, I was constantly stressed and deeply overwhelmed by the system. The firm made the initial intake process incredibly smooth, and they placed me in the hands of my lawyer, Esther. From that moment on, from the first conversation, I finally found my solid ground.
Esther has completely transformed how I navigate this unfortunate situation. Because she handles my matter directly, I have a direct line of contact with her and never have to jump through hoops to get support. Esther’s presence alone has given me immense confidence in my claim. What sets her apart is her perfect balance of professional mastery and genuine empathy. As a client, having a lawyer who truly listens and supports you when your mind is filled with doubt is a massive relief. She doesn’t just manage a file — she consistently protects her client’s peace of mind. Her recommendations are always highly logical, realistic, and clear-cut. She cuts through the legal confusion and tells you exactly where you stand, which is exactly what you need during the hardest times of your life.
I feel incredibly lucky to have Esther and her team at Withstand Lawyers by my side. For anyone out there facing a difficult time with an insurer and looking for a legal advocate who offers absolute clarity, strength, and compassion — I cannot recommend Esther highly enough. She is a truly admirable professional who genuinely cares about the people she protects. Truly grateful!”
“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.”
“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.”
“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.”
“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.”
Meet Your Workers Compensation Lawyers
Every claim is handled by a personal injury lawyer with dedicated workers compensation and work injury experience.
Issa Rabaya
Director, Lawyer
Founder and Director with 12 years' experience since his 2014 admission, previously at the largest litigation law firm in Australia. A personal injury lawyer for serious injuries, leading Withstand Lawyers' work across every claim type, with settlements reaching into the millions, including a $6.3 million motor vehicle accident result.
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Esther Ihn
Senior Associate
Senior Associate with over a decade of experience exclusively in personal injury claims since 2014, handling hundreds of matters across motor vehicle accidents, workers compensation, work injury damages and public liability. The team's go-to for serious-injury claims.
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Chenoa Ingram
Lawyer · 4+ yrs experience
Lawyer with 4+ years' hands-on experience in personal injury claims, built inside the firm before her 2026 admission, known for being organised and efficient in progressing clients' workers compensation, work injury damages, public liability and TPD claims.
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Lauren Bergan
Lawyer · 4+ yrs experience