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IRO
The Independent Review Office (known as IRO) primary function is to help resolve workers compensation disputes and complaints quickly, fairly and justly, without the need for a lawyer.
If you have a question, complaint or dispute with the workers compensation insurer, you should initially contact IRO for assistance. If IRO is unable to help you, funding can be obtained for legal costs to help you with the dispute with the insurer.
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What is IRO?
The NSW Government established the Independent Review Office (IRO) in 2012.
IRO’s primary function is to assist workers with question, complaints and disputes with insurers quickly, fairly, and justly, without the need for a lawyer. If IRO is unable to resolve the dispute or issue with the insurer then a lawyer can be used to assist with the dispute.
You should always initially contact IRO on 139 476 or IRO NSW for any assistance in dealing with any questions, complaints or disputes you may have with the insurance company handling your claim.
If IRO cannot resolve the issue, then you can apply for funding from IRO for legal assistance.
IRO has established the Independent Legal Assistance and Review Service (ILARS). This service will if they consider appropriate pay a set fee for a lawyer to assist you with independent legal advice. Your lawyer obtains approval from ILARS for funding to proceed with your claim, much like legal aid.
How are legal costs paid under the workers compensation system?
If a dispute arises with the insurer and IRO have not been able to resolve the issue or complaint and you require the assistance of a Lawyer , then your Lawyer will seek funding for payment of legal costs and disbursements. The amount of legal costs payable is a set lump sum amount depending on the nature of the dispute.
Legal funding is provided by the Independent Legal Assistance & Review Service (ILARS). ILARS provides funding for legal costs and disbursements, however you must establish that you have a reasonably arguable case before funding will be approved.
Your Lawyer will apply to ILARS for payment of legal costs and disbursements so you can proceed with your claim.
The funding payable is a set fee based on a scale provided by the Government. This fee is limited and has not been increased in many years. It only applies to certain disputes and we cannot obtain funding to advise generally in a workers compensation claim or speak to the insurer on your behalf.
Garling & Co will only accept funding from IRO in certain claims, please contact us to see if you qualify.
IRO funding does not apply to Work Injury Damages Claims.
5 easy steps to make a
workers compensation claim
From your first consultation to settlement, we guide you through every step of your claim so you know exactly what to expect.
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Step 2
Seek medical treatment from your Doctor
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Step 3
Ask the Doctor to provide you with a “Certificate of Capacity”
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Step 4
Submit the complete “Certificate of Capacity” to your employer
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Step 5
Your employer must provide the “Certificate of Capacity” to their Workers Compensation Insurer within 24 hours
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Featured Testimonial
I cannot speak highly enough of my experience with this workers Compensation team. When I first reached out, I was completely overwhelmed and unsure about the process. I hit rock bottom - unable to return to work, struggling emotionally, and feeling like I had no direction. From the very beginning, the solicitors were nothing short of amazing. They were patient, understanding and incredibly supportive at a time when I needed it most. They took the time to explain every step in a way I could understand, never making me feel rushed or alone. Their professionalism was matched only by their compassion and that combination made all the difference. Throughout the entire journey, I felt heard, respected and genuinely cared for. They fought for me when I didn’t have the strength to fight for myself and thanks to their dedication, I was able to get the outcome I needed to rebuild my life. If you’re unsure, scared or feeling lost like I was, I can confidently say you will be in the best hands with this team. They helped me through one of the hardest chapters of my life, and I am truly grateful. I can’t thank or recommend Garling & Co Lawyers enough.
Matthew Garling and his team have provided incredible support and guidance throughout my MVA damages claim this year, and I can’t thank them enough for making this journey feel like such a breeze. When I initially engaged Garling & co, I had no understanding of what was ahead. I was anxious and unsure about the process, while also navigating the physical challenges of my injuries. With assurance that my matter was being handled with high level of expertise, professionalism and integrity, I was able to focus on recovery instead. Throughout the process, Matthew and Allison have been honest, straightforward and efficient in all communication; being a supportive buffer in all dealings with the insurer, and consistently committed to a successful outcome. The outcome was excellent, and it is with huge relief and great thanks that I can put this matter behind me. I would highly recommend the services of Garling and co for any injury claims of a similar nature, and I’m forever grateful to Matthew and his team.
A big thank you to Matthew for his expertise, dedication, and genuine care in handling my matter. The outcome exceeded my expectations, and I am truly grateful for the excellent work of his entire team. Outstanding results - highly recommended.
Why Should I Choose Garling&Co Lawyers?
At Garling&Co Lawyers, we treat our clients with respect and support through what can be difficult process. Our lawyers have extensive experience and are all Accredited Specialists in Personal Injury Law, who are dedicated to achieving the best outcomes for our clients. Here are some key reasons to choose us.
IRO frequently asked questions
Once an Application to Resolve a Dispute is lodged with the Personal Injury Commission, the insurer has 28 days to lodge a reply. Once the Reply is received, the PIC will appoint a date and time for a telephone conference.
The telephone conference will take place via the telephone.
The telephone conference is between the injured person, their lawyer, the insurance company representative or their lawyer and an independent Member appointed by the Personal Injury Commission.
Your Lawyer will do most, if not all of the talking during the telephone conference.
You are however required to attend either in person (preferable) or on the telephone.
At the telephone conference the Member will discuss the following:
- The likelihood of settlement
- That all parties understand the process
- Whether the parties can agree on any of the issues in the proceedings
- Any legal or other issue that must be determined before the matter can proceed further
- Whether the matter is to be listed for an Arbitration date or referred to an independent doctor for assessment
If the matter is unable to be resolved at the telephone conference and the matter is ready to proceed, the Member will arrange a Conciliation Conference/Arbitration Hearing. This usually occurs approximately 1 to 2 months following the telephone conference.
If an agreement is reached at the telephone conference then the matter is finalised by signing the paperwork to record the agreement.
The telephone conference usually takes between 15 to 45 minutes
The Personal Injury Commission (PIC) resolves workers compensation disputes between injured workers and employers.
The PIC is an independent statutory tribunal implemented by the NSW Government to deal with work and MVA injury cases.
The PIC is a dispute resolution system and its objectives are to provide a transparent, independent forum for the fair, just, timely and cost effective resolution of workers compensation disputes in New South Wales.
The Commission deals with disputes between injured workers and their employer/workers compensation insurer in relation to the benefits provided to injured workers under the Workers Compensation Act 1987. Disputes may arise about the following:
- Payment of medical and hospital expenses
- Liability for permanent impairment compensation
- How much permanent impairment compensation should be paid
- The provision of suitable duties following a work injury
- Compensation for domestic assistance
- Compensation for damage to personal property
- Compensation for the death of a worker
Find out more about Workers Compensation
Workplace Injury
Workplaces can be dangerous. Care must be taken by the employer to ensure as far as possible that their employees do not sustain workplace injuries whilst during their employment.People spend most of their day at work and under the direction or supervision of the boss and are at a risk of sustaining injury if care is not taken.
Complete our free case appraisal form to find out how we can help you with your claim.
Bullying & Harassment
An employer has a duty of care to ensure your workplace is safe and this includes being free from bullying and harassment from co-workers or supervisors.Employers are required by law to have in place policy and procedures to deal with workplace bullying. If you believe you are the victim of bullying in the workplace, you should refer to these policies and procedures to see what steps you can take to report the issue.
SIRA (State Insurance Regulatory Authority)
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating workers compensation, CTP insurance as a result of a motor accident, workers and home building insurance.
Workcover Claims
Since September 1 2015, WorkCover functions have been assumed by three new organisations:SafeWork NSW – NSW’s primary regulator for workplace health and safety.
SIRA – SIRA (State Insurance Regulatory Authority) is the body involved with regulating CTP insurance as a result of a motor accident, workers compensation and home building insurance.
icare – icare (Insurance and Care NSW) offers insurance and care services in NSW.
Weekly Payments
If you have sustained an injury during your employment and are unfit for work or fit for suitable work only then you are entitled to obtain weekly payments of compensation from your employer’s workers compensation insurer.
Permanent Impairment
If you are injured during your employment and your injuries are permanent, you may be entitled to make a lump sum permanent impairment claim.A lump sum permanent impairment claim is separate to your weekly payments claim. If you are successful in your claim for lump sum compensation you will still be able to receive weekly payments of compensation and medical expenses.
Medical Expenses
If you have had an injury at work, in accordance with section 60 of the Workers Compensation Act 1987, the worker’s compensation insurer is required to pay all “reasonably necessary” medical expenses.
Work Injury Damages
All employers owe their employees a duty to take reasonable care to protect them against any foreseeable injury that may arise during the course of their employment.NSW also has occupational health and safety laws in place that require employers to take proactive steps to identify foreseeable risks, and to implement necessary measures to prevent injury from occurring in the workplace.
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