Workers compensation
- Recovering at work
- Who can help me recover at work?
- SIRA funded programs to support recovery at work
See your doctor
Why recover at work?
The NSW Workers Compensation System focus on supporting workers to recover at work after an injury.
People who keep working, even if they can’t do everything at first, get better and return to usual activities quicker than people who take a long time off work.
Did you know?
- the longer you’re away from work, the harder it can be to get back to work
- work helps you stay active and is an important part of your recovery
- staying active helps to reduce pain
- being at work is an opportunity to connect with people and be part of a community
- working provides financial security
- taking a long time off work is worse for you socially, emotionally and physically
- research shows that work promotes recovery and reduces the risk of long term disability and work loss
How to recover at work
Have a strategy:
- focus on what you can do and talk to your doctor and your employer about what you can do safely
- help identify alternate duties if you can’t perform your normal duties
- stay in touch with your employer and the people you work with – there may be training opportunities you can take while you’re recovering
- look into programs we offer available to support your recovery at work
- ask your support team if you have questions, for example your doctor or supervisor at work
- monitor your pain levels - remember some increase in pain during activity does not mean that you are making things worse
- if you are a worker with hearing loss, read about workplace adjustments to help you work successfully, efficiently and safely
Your role
Your role is to take reasonable steps to recover following your workplace injury or illness.
The insurer may develop a plan for your injury management and recovery and you must participate in its development and then follow the actions set out in the plan.
You must also make sure that your certificate of capacity is current and your insurer has a copy.
The first certificate of capacity must be issued by your GP and is valid for up to 28 days. Second and subsequent certificates may be completed by your treating physiotherapist or psychologist using the Certificate of capacity - treating physiotherapist or psychologist.
Keep your certificate up to date as your insurer may not be able to make payments without a current certificate.
You should also talk to your employer about what you can do at work and start planning for your recovery at work as early as possible.
If you have a work-related injury your employer must help you to recover at work by offering you suitable work (where possible). Your employer is not allowed to dismiss you within six months of being deemed unfit for work.
Further information
- Certificate of capacity/certificate of fitness
- Injured at work: a workers compensation guide for workers
- A quick guide to workers compensation - information for workers
- Working with hearing loss - a workplace adjustment toolkit
- Preparing for my specialist appointment
- Benefits of working while you recover
Insurer case manager
Your insurer will assign a case manager to coordinate your claim. They are your main point of contact for payment enquiries and medical treatment and expenses.
The insurer case manager:
- is in regular contact with you, your doctor, treatment providers and your employer
- authorises and arranges payment for medical and related expenses and vocational programs (where appropriate)
- determines your entitlement to weekly compensation payments
- helps your employer to support your recovery at work
- arranges assessments or services to help determine your capacity / fitness for work
- is available throughout your claim to discuss your needs, barriers or issues that may impact on your recovery.
Further information
Doctor
Your doctor’s role is to support and optimise your recovery.
You choose your treating doctor. It might be your GP or it might be a specialist.
Your doctor will:
- assess, diagnose, and treat your injury
- advise on medical treatment
- advise you on your capacity for work (and fill out the Certificate of Capacity)
- help you and your employer (and other members of your support team) with your recovery at work.
Further information
Return to work coordinator
Your employer may have a return to work coordinator. If so, this person is one of the people you will have the most contact with.
Return to work coordinators:
- will work with you and your supervisor
- help coordinate your recovery at work
- are a key link between you and the rest of your support team
- are your main contacts regarding your recovery at work progress and any issues you have at work
- can organise workplace modifications or equipment to help you recover.
If your employer does not have a return to work coordinator there should be someone else who is responsible for recovery at work at your workplace.
It's your employer's responsibility to know if they are required to have a return to work coordinator.
Further information
Your employer
If your injury / illness is work related, your employer must help you find work in the workplace, which must be suitable and in line with your current capacity for work.
This does not necessarily mean doing the same work you did before – you may have capacity to do something different.
In the workers compensation system, your employer should:
- identify suitable work options
- develop a recover at work plan tailored to your recovery
- talk to your doctor about your recover at work plan and discuss your needs, barriers or risks to recovery, and your progress
- talk to the insurer about your injury management plan, your Certificate of Capacity, and any equipment or changes to the workplace you may require.
Where your employer needs assistance, they can call in a workplace rehabilitation provider.
You and your employer can develop a recovery at work plan tailored to your needs to ensure your recovery at work is successful. Your employer may also be eligible for incentives that can help them support your recovery at work. To find out more speak to the insurer or see the support programs.
Further information
Workplace rehabilitation provider
Workplace rehabilitation providers can assist you to recover at work by designing a plan after consulting with you, your employer, your doctor and the insurer.
They are health professionals like occupational therapists, physiotherapists, rehabilitation counsellors and psychologists.
They can:
- assess your workplace and review your duties
- identify ways to help you recover at work
- advise about work options if you are unable to recover at work with your pre-injury employer
- help maintain/establish a positive working relationship between yourself, employer or employer representative.
You can speak with the insurer to refer you to a workplace rehabilitation provider. Alternatively, you can find a workplace rehabilitation provider here.
Further information
SIRA’s role
We regulate the NSW workers compensation and CTP systems.
Our job is to make sure these systems provide the best possible outcomes while remaining affordable and sustainable in the long term.
Our role includes:
- supervising insurers so they comply with legislation, and understand their obligations to workers and employers
- helping employers understand their roles and obligations within the workers compensation system
- managing and approving some health providers
- assisting to resolve worker complaints relating to their employer or providers (health, workplace rehabilitation provider, etc)
- assisting to resolve queries and concerns relating to the workers compensation system from employers, insurers and other professionals.
We can be contacted through a variety of channels, visit our contact us page.
Independent Review Officer's role
The Independent Review Officer (IRO) is an independent statutory office with a variety of roles, which include:
- answering workers compensation enquiries from injured workers or their nominated representative
- investigating complaints about the conduct of workers compensation insurers made by an injured worker or their nominated representative
- managing the provision of legal assistance for injured workers
- investigating complaints about the conduct of CTP insurers made by an injured road user or their nominated representative
If you have been unable to resolve your workers compensation or CTP claims complaint with the insurer in the first instance, you can contact IRO to assist with gaining a resolution.
Phone: 13 94 76
Complaints: [email protected]
Website: www.iro.nsw.gov.au
Mental health and psychological injury recovery at work programs
We have a range of programs to help people manage their mental health in the workplace.
Recover at Work Assist for Small Business
This program helps small employers overcome financial hardship when providing suitable work to help their worker recover at work after a work-related injury or illness.
COVID-19 update: If a small business using the Recover at work assist program for a worker on a recovery at work plan scales back/closes due to the impact of COVID-19, the period of the program remaining can be resumed, once the period of changed business operations is over and the worker returns to work on their upgrading plan.
What do I need to do? Update the vocational program details form with the amended end dates when known and submit to the insurer.
How does it work?
The insurer provides your employer with an assistance payment of up to $400 per week for a combined total of up to six weeks.
This payment helps to offset the costs of making alternative arrangements to cover your usual duties while you participate in a recover at work plan and build capacity so you can return to your pre-injury duties and hours. For example, your employer might employ a casual staff member or offer overtime to existing staff.
Eligibility
You are eligible if you:
- are receiving weekly payments
- have current work capacity
- use the program within 26 weeks from the date the injury was entered into the insurer's system.
Small employers are eligible if they:
- employ up to 19 full-time (or equivalent) workers
- have a basic premium tariff of $30,000 or less
- hold a current workers compensation policy with an insurer in NSW
- can demonstrate that alternative arrangements have been made to carry out the worker’s pre-injury duties
- can demonstrate it is not reasonably practicable to offer suitable work
- can demonstrate that engaging additional assistance to enable the worker to recover at work will cause financial hardship to the business.
For more information read the Recover at Work Assist for Small Business guidance material, factsheet for employers, and insurers along with frequently asked questions about the program.
How to apply
Speak to the insurer about this program. They will advise whether you and your employer are eligible.
A workplace rehabilitation provider will conduct a workplace assessment and prepare a recovery at work plan in consultation with you, your employer and your doctor.
A member of your support team will:
- complete the vocational program details form
- confirm agreement from the insurer
- arrange payment for the assistance payment using the vocational claim for payment form
- complete the vocational program closure report.
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Further information
- Recover at Work Assist for Small Business brochure
- Recover at Work Assist for Small Business - FAQs
- Recover at Work Assist for Small Business: Information for employers
- Recover at Work Assist for Small Business guidance material
- Recovery at work - It's just good business
- Vocational program: claim for payment form
- Vocational program: details form
- Vocational program: closure report form
- Workers compensation guide for employers
- Manage workplace safety
Work trial program
The work trial program is a voluntary short-term work arrangement that provides you with suitable work.
COVID-19 update: This program can be used to assist workers maintain their capacity for work if their pre-injury employer has had to scale back/close down due to the impact of COVID-19
When your pre-injury employer is unable to provide suitable work, a work trial places you (the trainee) with a new employer (host employer) for a short-term work arrangement of up to 12 weeks.
As a trainee you can keep active and:
- improve your capacity to return to your pre-injury job, or
- develop skills, knowledge, and experience in order to obtain a new job
- demonstrate your ability to a potential employer.
You don’t receive payment from your host employer during the work trial but you continue to receive weekly payments from the insurer.
The insurer or SIRA will pay for travel to and from the workplace as well as essential equipment to perform your work trial duties.
Read the work trial guidance material for more information.
Also read:
- Work trial program information for workers
- Work trial program information for potential host employers
Eligibility
You are eligible if you:
- are receiving or entitled to receive weekly workers compensation payments
- have capacity to work but your employer can’t provide suitable duties
- haven’t accepted a commutation or work injury damages settlement.
Employers are eligible if they:
- don’t have a workers compensation liability to you
- have no current employer/employee relationship with you
- hold a current workers compensation policy or self-insurer licence
- are not attached to your pre-injury employer by way of an insurance policy or insurance licence.
How to apply
Speak to your workplace rehabilitation provider or other members of your support team about using the work trial program if you can’t return to your job.
They will:
- help you find a work trial host employers and conduct a workplace assessment to match your capacity to the requirements of the job.
- arrange completion of the vocational program details form and the work trial agreement (so you can start the program)
- organise insurer approval
- organise payment for program costs using the vocational claim for payment form
- complete the vocational program closure report form (to record the outcome of the trial)
They should also use the work trial check list.
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Further information
- Have you been injured at work? app
- Work trial guidelines
- Work trial program information for workers
- Work trial program information for potential host employers
- Vocational program details form
- Work trial agreement
- Work trial checklist
- Vocational program details form
- Vocational claim for payment form
- Vocational program closure report form
Equipment and workplace modification program
This program can be used to purchase equipment or make modifications to help you recover at work or start work with a new employer.
COVID-19 update: A worker who is receiving workers compensation payments and is required to work from home to manage social distancing requirements, may be able to be supported by SIRA’s equipment program
What do I need to do? Submit an application with evidence of the need to work from home due to COVID-19 for funding of relevant equipment using the vocational program details form.
Equipment and workplace modifications can be specific to your functional requirements or necessary for you to start a new role.
Read the equipment and workplace modification program guidance material for more information.
Eligibility
You are eligible if you:
- are receiving or entitled to receive weekly workers compensation payments when the program commences
- haven’t accepted a commutation or work injury damages settlement
- have used your entitlement to new employment assistance – if starting work with a new employer.
How to apply
Speak to your workplace rehabilitation provider, or insurer case manager about using the equipment and workplace modification program.
They will:
- determine if this program is suitable for you, can help you with equipment or workplace modifications that meet your needs and can be funded under this program.
- arrange completion of the vocational program details form
- organise insurer approval
- organise payment for program costs using the vocational claim for payment form.
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Further information
Training program
This program can help you develop new skills and qualifications for a different role with your pre-injury employer or start a new job.
COVID-19 update:
Workers who are currently undertaking face to face training funded by SIRA, may need support to access equipment to study online if their training institution requires this.
What do I need to do? Discuss with the insurer and submit your request using the training application form and providing the information under the 'Do you need an extension amendment?' heading for the equipment if needed
Workers who may have to suspend their return to work for an extended period due to their workplace scaling back/closing down, may wish to consider if training could be used during this period to retain their motivation and prevent disengagement. For more information see SIRA’s training program materials
What do I need to do? Apply using the training application form. Document the reasons any of the program principles may not strictly be met and contact [email protected] if you are unsure.
What is it?
The training program can be used to pay for the costs associated with completing training with TAFE, a university or registered training organisation.
Costs might include course fees and associated expenses like stationery, textbooks, essential course equipment, travel and accommodation.
Read the training program guidance material for more information.
Eligibility
You are eligible if you:
- are receiving or entitled to receive, weekly workers compensation payments when the program commences
- haven’t accepted a commutation or work injury damages settlement
- have used your entitlement to the education or training assistance benefit where eligible
How to apply
Speak to your workplace rehabilitation provider, or insurer case manager about using the training program if you can’t return to your job.
They will:
- determine if this program is suitable for you and help you find training that can be eligible.
- arrange completion of the training program application form (so you can start the program)
- organise insurer approval
- organise payment for program costs using the vocational claim for payment form
- complete the vocational program closure report form (to record the outcome of the program).
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Further information
JobCover placement program
This program is designed to help you secure ongoing employment with a new employer.
COVID-19 update:
For employers who have employed workers using the JobCover Placement program (JCPP) but need to scale back/close their workplaces temporarily due to the impact of COVID-19, the duration of the JCPP for the worker will be increased to accommodate that period of change.
What do I need to do?
Employers should keep a record of the period of changed operations to support their claim for the incentive payments as their business re-opens along with the usual proof of payment of wages to the worker.
Re-negotiate the new end date of the JCPP agreement with the employer/worker/ insurer when known and submit the amended agreement form to the insurer.
There are three benefits available to eligible employers to encourage an employer to offer you a job:
- incentive payments of up to $27,400 for up to 12 months
- your wages are not included in the new employer's workers compensation premium for two years
- the new employer is protected against the costs associated with your existing injury during the first two years of your employment.
Incentive payments increase according to the length of time you remain employed:
- up to $400 per week for first 12 weeks (maximum of $4,800)
- up to $500 per week for next 14 weeks (maximum $7,000)
- up to $600 per week for next 26 weeks (maximum $15,600).
Read the fact sheet for workers and employers for more information.
Eligibility
You are eligible if you:
- are receiving or entitled to receive weekly workers compensation payments when the program commences
- can’t return to work with your pre-injury employer because of your injury
- haven’t accepted a commutation or work injury damages settlement.
Employers are eligible if they:
- are able to offer employment to you for a minimum of 12 months
- can provide a minimum of 64 paid hours per month or a return to your pre-injury hours
- hold a current workers compensation policy or self-insurer’s licence.
Read the JobCover placement program guidance material for more information.
How to apply
Speak to your workplace rehabilitation provider, or insurer case manager about using the JobCover placement program.
They will:
- determine if this program is suitable for you and help you find potential host employers and conduct a workplace assessment to match your capacity to the requirements of the job.
- complete the JobCover program agreement form
- organise insurer approval (agreement)
- organise payments using the JobCover incentive payment claim form (for employers).
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Further information
Transition to work program
This program helps pay for immediate or short term costs that might prevent you from starting work with a new employer.
COVID-19 update:
This program can be used to address a financial barrier that is preventing a workers from accessing new employment.
What do I need to do? Provide evidence of the financial barrier preventing you from accepting the offer of employment. Then submit your application to the insurer using the vocational program details form vocational program details form.
It provides funding of up to:
- $200 to help you job-seek or start work
- $5,000 to address immediate or short term barriers that prevent you from accepting an offer of new employment.
The funding could be used to pay for a range of things including:
- travel costs
- relocation and accommodation
- child care
- clothing and related expenses
Read the transition to work guidance material for more information.
Eligibility
You are eligible if you:
- can’t return to work with your pre-injury employer because of your injury
- have a barrier or need that is preventing you from finding or accepting new employment
- are receiving or are entitled to receive, weekly workers compensation payments or recently stopped weekly payments because you started working
- haven’t accepted a commutation or work injury damages settlement.
- have used your entitlement to new employment assistance
How to apply
Speak to your workplace rehabilitation provider, or insurer case manager about using the transition to work program.
They will:
- determine if this program is suitable for you, help you access items that meet your needs and can be funded under this project
- arrange completion of the vocational program details form
- organise insurer approval
- organise payment for program costs using the vocational claim for payment form.
For information on what to do when a request to use a SIRA funded program has not been approved, find out how to request a review of a program decision.
Further information
JobCover6
This program is designed to help you secure employment with a new employer.
The JobCover6 provides three benefits to eligible new employers to encourage an employer to offer you a job:
- incentive payments of up to $10,400 for up to 6 months
- exemption of your wages from their workers compensation premium calculation for two years
- protection against the costs of changes to your existing injury for up to two years.
Employer incentive payment
The employer incentive payment is up to $400 per week and is payable over the first 6 months of work up to a maximum amount of $10,400.
You are eligible if you:
- have capacity for work and are looking for new employment.
- are receiving, or are entitled to receive, weekly workers compensation payments under the Workers Compensation Act 1987 (1987 Act)
- haven’t accepted a commutation or work injury damages settlement.
An employer may be eligible if they:
- have offered employment to you for an agreed period for a minimum of 64 paid hours per month or a return to pre-injury hours. Fewer hours may be considered if it can be demonstrated that the you will progress to meet this requirement within a reasonable timeframe
- hold a current workers compensation policy with an insurer or a self-insurer’s licence
Read the JobCover6 guidance material for more information
How to apply
Speak to your insurer case manager or workplace rehabilitation provider about using the JobCover6 program.
The JobCover6 information for workers and employers can be used to help you with finding an employment opportunity.
They will:
- determine if this program is suitable for you
- help you look for work with a new employer
- arrange a workplace assessment to match your capacity to the requirements of the job
- complete the JobCover program / JobCover6 agreement form
- organise insurer approval (agreement)
- inform your new employer how to claim the incentive payments using the JobCover / JobCover6 incentive payment claim form.
If your request to use a SIRA-funded program has not been approved, find out how to request a review of a program decision.
Connect2work
Connect2work is a voluntary short-term work placement with a host employer. It supports recovery at work for workers where:
- your pre-injury employer is unable to offer suitable work due to or
- you are looking for new employment.
How does it work?
Connect2work places you (the trainee) with a host employer for a voluntary short-term work placement of up to 12 weeks.
The insurer provides the host employer with an assistance payment of $200 per week for a combined total of up to 12 weeks (to a maximum amount of $2,400) to cover any out of pocket expenses to provide you with on the job training and support.
As a trainee you can keep active and continue your recovery through work by enabling you to increase your tasks and capacity for work.
The host employer does not pay you during the placement. If you are entitled, you will continue to receive weekly payments from the insurer during the Connect2work placement.
You will also receive payment for travel to and from the workplace as well as essential equipment to perform the duties.
Read the Connect2work guidance material for more information.
The Connect2work information for workers and employers can be used to help a worker find host placement opportunity.
For more information about work trial read the Work trial guidance material.
Hear2Talk
Hear2Talk - is a free over the phone service open to all workers in NSW. Call 1300 428 255 between 12pm and 7pm Sunday to Friday (except public holidays) and a skilled mental health peer worker can help you develop strategies and make positive changes to improve your mental health and wellbeing.
This program is funded by SIRA and delivered by Neami National.