SIRA Logo

Claims with uninsured employers

If you (the worker) have a work-related injury and your employer does not have a workers compensation insurance policy and is not a self-insurer, you can still make a claim for workers compensation benefits.

You should in the first instance contact EML, icare's appointed claims partner, on 13 77 22. EML will be able to assist in making a claim.

EML may conduct investigations to help determine liability and/or seek further information.

These investigations are to determine:

  • the actual employer who employed you
  • whether the employer who employed you was actually uninsured
  • whether you are a worker as defined by the Workplace Injury Management and Workers Compensation Act 1998
  • whether the injury for which you are claiming compensation occurred while you were working for the nominated employer, and the employment was a substantial contributing factor to the injury.

Workers who require further assistance may also contact the Workers Compensation Independent Review Office on 13 94 76 or email contact@wiro.nsw.gov.au