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Australian Financial Complaints Authority (AFCA)
Free, independent complaints service for disputes with super funds and insurers, including TPD and income protection.
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What applies to me?
Your plain-English action plan
Step 1 · Your situation
Step 2 · Your state or scheme
Step 3 · Your next steps
What happens if I suffer another injury?New South Wales
In one sentence
A new injury, an aggravation, or a condition caused by your original injury may each be claimable.
Your next steps
- 1Tell your employer and insurer about the new injury in writing.
- 2Ask your doctor to document the cause.
- 3Lodge a new claim form if required.
- 4Get advice if the insurer says it is 'pre-existing'.
- 5Contact State Insurance Regulatory Authority (SIRA) (13 10 50) for free information about how the NSW scheme applies to you.
- 6If you disagree with a decision — Personal Injury Commission (PIC) handles disputes.
- 7Watch the time limits — Claims should be made within 6 months of the injury, though late claims may be accepted in some circumstances.
- 8Consider getting independent legal advice before signing anything or accepting a settlement.
How NSW works
- Weekly payments
- Based on pre-injury average weekly earnings (PIAWE). Payments step down after 13 weeks and are reviewed after 130 weeks. Payments usually end at 260 weeks unless you have more than 20% WPI.
- Medical expenses
- Reasonably necessary medical treatment is generally covered, with time limits linked to your impairment level and how long weekly payments were received.
- Permanent impairment
- A lump sum is generally available for more than 10% WPI (physical) or at least 15% WPI (psychological). Only one assessment is usually allowed.
- Free legal help
- The Independent Review Office (IRO) funds approved lawyers through the Independent Legal Assistance and Review Service (ILARS) — free to the worker for many disputes. IRO: 13 94 76.
Questions you may have
I had a bad back before. Can I still claim?
Often yes, if work aggravated, accelerated or worsened the condition. The rules vary by scheme.
Do I need a new claim form?
For a new injury, usually yes. For a consequential condition, ask the insurer how they want it notified, and put it in writing.
What if I change employers?
Injuries with a new employer usually go to that employer's insurer. Disputes about which employer is responsible are common — get advice.
Support available to you
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Community Legal Centres Australia
Find a free community legal centre near you anywhere in Australia.
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Fair Work Ombudsman
Information about workplace rights, dismissal and pay. Fair Work Commission deals with unfair dismissal and bullying applications.
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Community & free legal servicesFree Verified
Independent Review Office (IRO)
Free complaints and enquiries service for NSW injured workers, and funded legal help through ILARS.
Covers: NSW
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Legal Aid NSW
Free legal information and advice, including employment and some injury-related matters.
Covers: NSW
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Services Australia – Disability, Sickness and Carers
Centrelink line for the Disability Support Pension, sickness-related payments and carers.
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General information only. Rules change and depend on your circumstances. Check with your regulator or get independent legal, financial or medical advice about your situation.