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For workers with an injury - workers compensation updates

Workers compensation laws in NSW have changed from 1 July 2026. If you are injured at work, there are new rules and processes to make a claim depending on your injury and when your claim was made.

I already have a claim (made before 1 July 2026)

What this means

If you already have a workers compensation claim, there are some important changes to how permanent impairment and certain entitlements are managed from 1 July 2026.

What to do

  • Continue working with your insurer, doctor and employer as usual.
  • Engage with your insurer to understand what changes may affect you.
  • Get legal advice before making decisions about permanent impairment or lump sum compensation.

Important updates

  • From 1 July 2026, most workers will generally have only one permanent impairment assessment per injury.
  • A further assessment is only allowed in limited circumstances if your condition worsens.
  • If you have already had a permanent impairment assessment and are eligible to make a claim for lump sum compensation for permanent impairment - but have not yet made a claim - you must do so by 1 July 2028.
  • If you have not had an assessment for permanent impairment, and need one in the future, this will be your single assessment for all entitlements.
  • Some entitlements and processes may change as additional reforms are implemented.

Relevant links

I have a physical injury (from 1 July 2026)

What this means

If you have a physical injury at work, there is no change to how you make a claim.

What to do if you are injured

  • Tell your employer as soon as possible.
  • Seek medical treatment and ask for a Certificate of Capacity from your doctor.
  • Speak to your insurer about your entitlements.

Relevant links

I have a psychological injury (from 1 July 2026)

What this means

To make a claim for a psychological injury, your injury must have been caused by one or more relevant events.

Relevant events include:

  • act of violence or threats of violence
  • indictable criminal conduct
  • witnessing a traumatic incident
  • vicarious trauma
  • the death of a person in your care
  • bullying
  • sexual harassment
  • racial harassment
  • excessive work demands.

There are two main claim pathways, depending on what caused your injury.

What to do if you are injured

  • Tell your employer as soon as possible.
  • Identify what relevant event caused your injury when reporting it.
  • If your injury was caused by bullying, harassment or excessive work demands, complete and submit a claim form.

Important updates

  • New eligibility criteria apply for psychological injuries notified from 1 July 2026.
  • You may be eligible for provisional weekly payments and medical support while your claim is assessed.

Relevant links

Useful links from other agencies

My psychological injury was caused by violence, serious criminal conduct, a traumatic incident, vicarious trauma, or the death of a person in my care

What this means

If your psychological injury was caused by an act or threat of violence, serious criminal conduct, witnessing a traumatic incident, vicarious trauma, or the death of a person in your care, you will follow the standard claims process for psychological and physical injury claims.

What to do if you are injured

  • Tell your employer as soon as possible.
  • Identify what caused your injury when reporting it.

Important updates

  • New eligibility criteria apply for psychological injuries notified from 1 July 2026.
  • You may be eligible for provisional weekly payments and medical support while your claim is assessed.

Relevant links

My psychological injury was caused by bullying, harassment or excessive work demands

What this means

A claim for a psychological injury caused by bullying, harassment or excessive work demands is known as a relevant conduct claim and follows a different process to claims for psychological injuries caused by other types of relevant events (such as violence or traumatic incidents).

What to do if you are injured

  • Tell your employer as soon as possible.
  • Identify what caused your injury when reporting it.
  • Complete and submit a claim form.
  • Provide detailed information about the conduct.

Important updates

  • Compensation starts from when complete information is received by the insurer.
  • Insurers have up to 42 days to decide your claim.
  • You may receive some interim payments and treatment support while waiting.
  • If your claim is accepted, you will receive a back payment for weekly payments from the date your claim was made and reimbursement for medical treatment costs.

Relevant links

I don’t agree with a decision on my claim

What this means

You can ask your insurer to review their decision. All insurers are required to have an internal review process. This means someone who was not involved in the original decision about your claim will look at the information used to make the decision, as well as any new information you provide, and decide whether the original decision was correct or if a new decision should be made.

What to do

  • Request a review from your insurer.
  • For some psychological injury claims, this is required before you can dispute the decision.
  • If there is a dispute between you and the insurer about your claim you can make a complaint about your insurer, or you may be eligible to obtain legal assistance. You can find information about making a complaint or obtaining legal assistance from the NSW Independent Review Office.

Important updates

  • For psychological claims that are about relevant conduct (ie bullying, harassment or excessive work demands), an insurer review is mandatory before you can lodge a dispute about the decision through a tribunal.

Next steps

  • Make a complaint about your insurer if you think their decision is wrong or unfair and they will not assist you to resolve the issue.
  • Find out if you can access legal assistance to help with resolving your dispute.
  • If your dispute is about a decision made by your insurer that your psychological injury was NOT caused by the ‘relevant conduct’ of your employer, you may be able to raise your dispute at the Industrial Relations Commission (IRC) (for some psychological injury disputes).
  • For other disputes you may be able to raise your dispute at the  Personal Injury Commission (PIC).
  • It is strongly recommended that you obtain legal advice and assistance before contacting these tribunals.

Links

I need a permanent impairment assessment

What this means

If your injury results in a long-term impact, you may need a permanent impairment assessment to determine your entitlements. There are new rules for permanent impairment assessments from 1 July 2026.

What to do

  • You must get independent legal advice before proceeding with an assessment.
  • Find out if you can access free legal advice, or whether you need to get your own lawyer.
  • Speak to your insurer about timing and requirements for an independant assessment.

Important updates

  • From 1 July 2026, most workers will generally have only 1 permanent impairment assessment per injury.
  • A further assessment is only allowed in limited circumstances if your condition worsens.
  • During the period from 1 July 2026 to mid-2027 (the ‘interim period’), the existing process for arranging permanent impairment assessments will continue , but workers must get independent legal advice before being assessed.
  • Further changes are coming in mid-2027, including a new joint assessment process and updated approval requirements for assessors. More information will be available before June 2027.

Links

I want to understand what I can claim

What this means

You may be entitled to weekly payments, medical treatment and other support. Your entitlements will depend on your injury and when your claim was made, including changes to what types of treatment and support are covered.

What to do if you are injured

  • Tell your employer as soon as possible.
  • Seek medical treatment and ask for a Certificate of Capacity from your doctor.
  • Speak to your employer’s workers compensation insurer about your entitlements.

Important updates

  • Weekly payments are based on your earnings before the injury, your current earnings and your capacity to work. This is called ‘PIAWE’ (pre-injury average weekly earnings).
  • For psychological injury, entitlements may depend on the type of claim and different limits may apply depending on what caused your injury.
  • From 1 July 2026, the cost of services for companion animals (such as food and veterinary expenses) are no longer covered for new claims. If you already had a companion animal approved and funded before this date, you can continue to claim these costs. This change does not apply to assistance animals (such as guide dogs).

Relevant links

I have lost a loved one due to a work-related injury

What this means

If you have lost a loved one because of a work-related injury, you may be entitled to support payments, funeral expenses, and a lump sum compensation payment.

What to do

  • Notify the employer as soon as possible about the death.
  • The employer's insurer will contact you or your family’s legal representative to explain what compensation may be available and what information is needed to support a claim.
  • You may need to provide documents or evidence requested by the insurer, such as medical records, a death certificate, or a police/coroner’s report.

Important updates

  • If you are a dependant, you may be entitled to a lump sum payment, weekly payments for each dependent child, and reasonable funeral expenses.
  • If there is a dispute about liability for a lump sum death benefit, families now have the option to settle for a compromised amount through the Personal Injury Commission (for deaths occurring on or after 1 July 2026).
  • Special rules apply for workplace deaths before 24 October 2007, and for injuries incurred before 30 June 1987.

Relevant links

Other important changes I need to know

Accordions expanded
  • Appointment of tutors for a person under legal incapacity

    If you or a dependant cannot manage your own affairs due to a workplace injury, or death, the Personal Injury Commission may appoint a tutor to help with your workers compensation claim.

    This applies to   a child under the age of 18 who is a dependent of a person who has been injured or is themselves injured at work, an involuntary or forensic patient under the Mental Health Act 2007, a person under guardianship or a person who is unable to receive or express their wishes due to disability.

  • I have COVID-19

    If you are diagnosed with COVID-19 as a result of your work, your period of incapacity will be the period specified on your medical certificate.

    This applies to workers diagnosed by a medical practitioner from 1 July 2026.

    Links

  • I have a complaint about my insurer

    What this means

    If you have a complaint about your insurer, you can contact the Independent Review Office (IRO) for help and support.

    You may also be eligible for free legal assistance.

    Important updates

    • tions for legal assistance through the Independent Legal Assistance and Review Service (ILARS), which is provided by the IRO, must be made through an approved lawyer. The approval lawyer is required to demonstrate that the need for legal advice and assistance meets certain requirements. This means funding is only provided if your case meets new criteria.
    • ILARS provides funding for legal advice and assistance if you need help with a workers compensation dispute, especially if you would be disadvantaged without legal support.

    Relevant links

I need help or advice

What to do

  • Speak to your employer or insurer first.
  • Contact the Independent Review Office (IRO) to help resolve a complaint or dispute with your workers compensation insurer.
  • Contact SIRA for general information.

Relevant links

Useful links from other agencies

Updated 9 July 2026

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