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Uninsured employers

If you have suffered an injury and your employer is uninsured, you can still make a claim for workers compensation benefits.

If you are a worker and you are unable to identify your employer's insurer or your employer does not have a workers compensation insurance policy and is not a self-insurer, you can make a claim through icare. icare act as the 'Nominal Insurer' for uninsured claims.

To enable liability to be determined for your claim, icare may conduct their investigations and/or seek further information.

These investigations are to determine whether:

  • you are a worker as defined by the Workplace Injury Management and Workers Compensation Act 1998 (1998 Act)
  • you were actually employed by the employer you have nominated as your employer
  • the injury for which you are claiming occurred while you were working for the nominated employer and the employment is a substantial contributing factor to the injury

Normal benefits under the 1998 Act apply to claims under these conditions. There are heavy penalties for employers who fail to have a current workers compensation insurance policy.

For further information contact icare Claims on 1800 221 960 or email them on wiclaims@icare.nsw.gov.au.