A workplace injury turns your world upside down in an instant. And while you’re dealing with pain, medical appointments, and uncertainty about your income, there are strict legal deadlines running in the background that could affect your right to claim. Missing them, even by a short period, can cost you entitlements you’re legally owed. The good news is that acting early gives you every advantage.
Key Takeaways
- All NSW workers whether full-time, part-time, casual, and apprentices, are covered by workers compensation
- Report your injury to your employer as soon as possible, ideally within 48 hours
- Lodge your claim within 6 months of the injury, or within 6 months of first becoming aware of it
- If you miss the 6-month deadline, you may still claim up to 3 years after the accident with a reasonable excuse
- Work injury damages (common law) claims must be commenced within 3 years of the accident
- NSW passed significant workers compensation reforms in late 2025 and early 2026 especially affecting psychological injury claims
- Getting legal advice early is free and protects your rights
Who Can Make a Workers Compensation Claim in NSW?
Workers compensation in NSW covers almost everyone who works for an employer regardless of whether you’re full-time, part-time, casual, an apprentice, or a deemed worker.
If you’ve been injured at work or become ill because of your job in NSW, you can claim workers compensation (sometimes called WorkCover) to cover your lost wages, medical expenses, and in some cases, lump sum compensation.
A non-threshold injury, which is defined in the relevant legislation, is there to limit ongoing entitlements to injuries that are considered to be more than a minor injury.
You may be covered if the injury occurred:
- while performing your normal duties at work
- during a work break on the employer’s premises
- while travelling for work purposes
Even psychological injuries including anxiety, depression, and PTSD caused by workplace events can be covered, subject to the eligibility requirements discussed below.
READ MORE: Psychological injury – Workers Compensation Claim
What Are the Key Time Limits for Workers Compensation in NSW?
There are two separate time limits to be aware of, depending on what type of claim you are making:
| Deadline | What It Covers |
| As soon as possible (within 48 hours) | Notify your employer of the injury |
| Within 6 months | Lodge your workers compensation claim form |
| Within 3 years | Commence a work injury damages (common law) claim |
In accordance with the Workers Compensation Act 1987 (NSW), a claim must be made within six months of a worker’s injury or accident, or within six months of a worker becoming aware of the injury. This time limit may be extended in certain circumstances.
What If You Miss the 6-Month Deadline?
Missing the 6-month window does not automatically end your right to claim. According to the Independent Review Office (IRO), a claim can still be made up to three years after the injury if you have a reasonable excuse for the delay, such as absence from NSW, ignorance of your entitlements, or an honest mistake.
In some circumstances involving serious and permanent impairment, a claim may even be made beyond three years with SIRA approval.
What If You Didn’t Know You Were Injured? (Gradual Onset Injuries)
This is more common than most people realise. Good news is, the law accounts for it.
The case of Unilever Australia Ltd v Petrevska [2013] NSWCA 373 provides an important precedent for workers who do not become aware of their injuries for many years.
In such circumstances, the time limit does not begin running until awareness of both the fact of an injury and its cause is attained.
This is particularly relevant for conditions like industrial deafness, dust diseases, skin cancer from sun exposure, or repetitive strain injuries that develop gradually over time.
READ MORE: Injury in a recreational activity or sporting event
Step-by-Step: What to Do After a Workplace Injury in NSW
1. Report the injury to your employer immediately
This can be done verbally and in writing. Your employer is legally required to document this in a formal Report of Injury. This document is critical evidence that the accident occurred.
2. Get medical attention
Attend a GP or hospital as soon as possible and ask your doctor to complete a Certificate of Capacity (Certificate of Fitness for Work). This tells the insurer about your injuries and your fitness to work.
3. Lodge your claim form with your employer
Fill in this claim form within 6 months of the accident. Your employer must then forward the claim to their insurer within 48 hours.
4. The insurer responds
The workers compensation insurer is obliged to write to the worker within seven days of receiving notification of the work-related injury or illness.
5. Provisional payments begin
While the insurer assesses liability, provisional weekly payments and up to $7,500 in medical expenses should commence within 7 days.
What Can You Claim Under Workers Compensation?
If your claim is accepted, you may be entitled to:
- Weekly payments: Up to 95% of your pre-injury average weekly earnings (PIAWE) for the first 13 weeks, stepping down to 80% from week 14
- Medical and treatment expenses: This includes hospital, rehabilitation, and travel costs
- Lump sum for permanent impairment: If your Whole Person Impairment (WPI) is assessed at 11% or more for physical injuries, or 15% or more for primary psychological injuries
- Vocational rehabilitation: Support to return to work in suitable employment
Weekly payments are capped at a maximum set by SIRA and indexed twice yearly (April and October). As of 1 April 2026, the current maximum weekly compensation amount is $2,662.10, per SIRA’s Workers Compensation Benefits Guide.
You can generally claim workers compensation weekly payments for up to 5 years. However, if your permanent impairment is greater than 20% and you have been assessed as being unable to work indefinitely, then this five-year limit no longer applies.
Work Injury Damages: When Can You Sue Your Employer?
If your injury was caused by your employer’s negligence and is serious enough, you may also be able to pursue a work injury damages claim, a common law claim for damages on top of your statutory benefits.
To be eligible, your injury must be assessed at a WPI of at least 15%. Any work injury damages claim must be commenced within three years from the date of the accident, as governed by the Workers Compensation Act 1987.
If you seek to bring a claim outside the three-year period, you will need to apply to the Court for leave. The Court will consider:
- Whether and when you became aware of the full extent of your injury
- Whether you knew your employer was responsible
- Whether you received legal advice after the accident, and what you were told
- Whether it was clear to you that you had a damages claim against your employer
The Court is not obligated to grant leave. This is why getting legal advice as early as possible is so important.
Important: 2025 – 2026 Reforms to NSW Workers Compensation
NSW has undergone its most significant workers compensation reforms in over a decade. If you have a psychological injury claim, these changes are particularly important to understand.
The NSW Parliament passed two Bills representing a major shift in how psychological injuries will be assessed and compensated. The Workers Compensation Legislation Amendment Bill 2025 (passed November 2025) and the Workers Compensation Legislation Amendment (Reform and Modernisation) Bill 2026 (passed February 2026).
Key changes affecting psychological injury claims include:
- Narrower eligibility: Psychological injuries now only qualify if caused by defined events including bullying, excessive work demands, racial harassment, or sexual harassment, and employment must be the main contributing factor.
- Weekly payment cap: Weekly payments for primary psychological injuries are capped at 130 weeks (2.5 years), unless the worker is assessed as having sustained a WPI of 21% or higher.
- Expanded reasonable management action defence: Employers have stronger grounds to dispute claims arising from performance management, restructuring, or disciplinary processes
- Higher WPI threshold from July 2026: The required threshold for access to lump sum payments and common law damages will increase to 25% WPI from 1 July 2026.
These reforms are complex and transitional provisions mean the rules that apply to your claim depend on when your injury occurred and when your policy was issued.
If you have a psychological injury claim whether existing or new, getting advice immediately is critical.
Don’t Wait, Get Legal Advice Early
Whether you’re making a workers compensation claim or considering a work injury damages claim, time limits are strict and missing them can significantly affect your entitlements.
The workers compensation team for NSW area at Whitelaw McDonald Lawyers has experienced Accredited Specialists who can guide you through the process and protect your rights from day one.
Not sure where you stand? Use our free claim check tool to find out in minutes, or call us today for a no-obligation consultation:
- Newcastle (02) 4941 8999
- Central Coast (02) 4343 7000
- Sydney (02) 9238 2120
- Coffs Harbour (02) 6659 2077
NOTICE: This article is accurate at the time of publication and does not constitute legal advice. Please see our legal notices page for more information.
