Step-by-step guide to claiming workers compensation in New South Wales

1. Attend to urgent medical needs first
If you or anyone at work is seriously injured, seek first aid or emergency treatment immediately.

2. Notify your employer
Report your injury or illness to your employer as soon as possible.
You should provide:

• The date and time of your injury (or the period it developed)
• A description of how the injury or illness occurred
• The nature of your injury

If you are unable to notify your employer, you may contact their insurer directly. If you do not know who the insurer is, contact the Independent Review Office (IRO) on 13 94 76 for guidance.

3. See a doctor and obtain a Certificate of Capacity
Visit your doctor (preferably your Nominated Treating Doctor).
Ask them to assess your injury and provide a Certificate of Capacity. This document outlines your diagnosis, your capacity for work, and recommended treatment.

4. Submit documents to your employer
Give your employer the Certificate of Capacity and any other supporting information.
Your employer is required to notify their workers compensation insurer within 48 hours of being told about your injury.

5. Insurer contacts you
The insurer must contact you within 3 business days of being notified and provide you with a claim number.
You may need to supply additional information or complete a claim form, depending on the insurer.

6. Time limits for claiming

• You should lodge your workers compensation claim within 6 months of the injury or illness.
• This can be extended up to 3 years in special circumstances (e.g. not being in NSW, other reasonable causes).
• Claims relating to death or serious and permanent impairment may be made after 3 years if there is a reasonable cause for the delay.
• If you become aware of your injury long after the incident, special arrangements may apply. For advice, contact the insurer or IRO.

7. If your employer is uninsured
If your employer does not have workers compensation insurance, you can still make a claim.
Contact EML, icare’s appointed claims partner, on 13 77 22.
EML will help you make a claim and may investigate your case to determine liability and coverage.

8. Ongoing communication
Maintain regular contact with your employer, doctor, and the insurer during your recovery.
Provide updated Certificates of Capacity as required.

Who can help me with my claim?

If you need help at any stage:

You can also visit the SIRA NSW website for official resources.

Contact us directly for a free consultation or claim review.

Contact our team — Our specialists assist with claims, paperwork, and disputes.

💡Pro tip: Start collecting key documents as soon as an injury occurs. Keeping incident reports, medical notes and any communication in one place can make the claim process more straightforward and reduce delays later on.