You (the worker) have the choice to apply for a review of the decision by the insurer, or proceed directly to the Workers Compensation Commission (WCC) to have the dispute resolved.
For guidance, you can use or simply refer to the Review form - application for review by the insurer.
Requesting a review
If you are a worker requesting a review you should explain why you are requesting it and include any additional information that you think is relevant to help the insurer review the decision.
The insurer must respond to you in writing within 14 days of receiving the request for a review. The review will be conducted by someone other than the person who made the initial decision.
Contact the Workers Compensation Independent Review Office
If you are a worker, please contact the Workers Compensation Independent Review Office (WIRO) for assistance.
The WIRO is an independent statutory office with a variety of roles, including helping find solutions to workers compensation complaints by contacting the insurer on a worker’s behalf.
For more information about how WIRO can help injured workers:
A worker can choose to get advice from a legal professional about an application (or proposed application) to have a dispute resolved by the Workers Compensation Commission (WCC).
When an initial complaint becomes a dispute, the Workers Compensation Independent Review Office (WIRO) can advise you (the worker) and your representative about how to get advice from a lawyer approved under the Independent Legal Assistance and Review Service (ILARS). The lawyer will review your case and may make an application to WIRO to see if funding is available to have the dispute resolved by the WCC.
Applications to the Workers Compensation Commission
If you (the worker) do not wish to seek a review by the insurer or you are not satisfied with the insurer's decision after a review, you can lodge an application to have the dispute resolved by the Workers Compensation Commission (WCC).
The WCC is an independent tribunal that helps resolve workers compensation disputes between injured workers, employers and/or insurers.
The kind of disputes they resolve include:
- work capacity decision
- weekly payments compensation
- medical, hospital and related expenses
- permanent impairment compensation
- compensation for damage to personal property
- compensation for domestic assistance.
For more information please visit the WCC website or call 1300 368 040.
Stay of a work capacity decision
A review by the WCC may ‘stay’ (temporarily suspend) the work capacity decision made by the insurer on your weekly payments, providing the application to resolve the dispute is lodged with the WCC, prior to the expiry of the period of notice as stated in the decision notice issued by the insurer. This means your weekly payments will continue. The insurer or WIRO can explain how a stay may apply.