Independent Review Office (IRO) Guide - Injured Workers NSW

What is the Independent Review Office (IRO)?

The Independent Review Office (IRO) provides legal funding to injured workers in NSW who are pursuing workers compensation claims. This funding can be used to cover the costs of legal advice, representation, and disbursements, such as medical reports.

The 3 Purposes Of IRO are

1. To assist and find solutions for injured Claimants in response to complaints made against Insurers servicing the Scheme.
2. IRO manage and administer legal grants for Workers Compensation claims and disputes.
3. IRO conducts enquiries into matters arising in connection with the Personal Injury Commission Act and provides reporting and regulatory services for the Commission.

I have been injured at work, how can the IRO help me?

The IRO can assist in two (2) major ways;

1. IRO can assist with complaints about your Insurer, for issues such as late payments, failure to pay, failure to release documents and or conflicts issues with Case Managers. The IRO can investigate the complaint by contacting the representative or insurer involved to follow up on exactly the cause of the delay. In the event the complaint is substantiated, then the IRO representative will take further action to insist things are done within certain timeframes and report back to you about what you can expect moving forward.
2. IRO provides funding approval, for the costs of legal representatives to act in Workers Compensation disputes to injured claimants. These funding grants include coverage and payment of the medical disbursements (Report fees) that are needed to pursue any claim or dispute. IRO can provide funding for injured workers to attend medico-legal appointments organised by either party, which is a valuable service in the event the Claimant needs specialised transportation to and from an appointment.

When can I apply for IRO funding?

You can apply for IRO funding if you are an injured worker in NSW who:

• Has received a Section 78 notice from your insurer, which means that they are disputing your claim: or
• Is seeking advice on your entitlements under the Workers Compensation Scheme, particularly those associated with Whole Person Impairment (WPI).
• Need legal help to pursue a claim for Whole Person Impairment (WPI)

What can I claim with IRO funding?

IRO funding can be used to cover a wide range of expenses, including:

• Legal fees
• Disbursements such as medical reports, clinical note requests, and claimable evidence
• The cost of a barrister to appear at any hearing scheduled by the Personal Injury Commission

What stages of my claim does IRO funding cover?

IRO funding can cover the following stages of your workers compensation claim:

• Stage 1: Obtaining legal advice and determining if you have a valid claim.
• Stage 2: Investigating and pursuing your claim with the insurer.
• Stage 3: Pursuing dispute resolution through the Personal Injury Commission.
• Stage 4: Appealing or reconsidering decisions made by the Personal Injury Commission.

How do I apply for IRO funding?

You cannot apply for IRO funding directly. You must instruct an IRO-approved lawyer to act on your behalf. Your lawyer will then apply for funding on your behalf. Every lawyer at Garling and Co is an Accredited Specialist in Personal Injury Law and IRO approved.

How are legal fees and disbursements paid?

Once your lawyer has been granted funding by the IRO, they will be paid for their services and disbursements directly by the IRO. You will not have to pay any out-of-pocket expenses.

Contact Garling and Co for expert advice and representation

To find out more about IRO funding and whether you are eligible, contact Garling and Co today. We are IRO approved lawyers and can help you to get the legal support you need to get the best possible outcome for your claim. Should you have any further questions, please contact our office at (02) 8329 9500 or complete a free case assessment here.