New South Wales

Main laws: Workers Compensation Act 1987; Workplace Injury Management and Workers Compensation Act 1998

Who is covered

Workers (including many casuals and some deemed workers) injured where employment was a substantial contributing factor. For diseases, employment generally must be the main contributing factor.

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.

Common law (negligence) claims

Work injury damages against a negligent employer require at least 15% WPI and are limited to economic loss.

Disputes

Personal Injury Commission (PIC) handles disputes. You can also request internal review by the insurer and contact the Independent Review Office (IRO).

Time limits

Claims should be made within 6 months of the injury, though late claims may be accepted in some circumstances. Work injury damages claims generally have a 3-year limit.

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.