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Step 1
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.
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Check if you're eligible for compensation
We specialise in helping people recover compensation for serious injuries. To see if your case qualifies, please complete our Confidential Free Claim Check.
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Notify your employer
The first step for a work-related injury is to notify the employer and insurer of that injury.
A worker must tell their employer as soon as possible after the injury happens that they have sustained an injury in the course of employment. A worker can notify their employer verbally or in writing.
The employer must keep a register of injuries in the workplace for the injured worker to complete. When an employer becomes aware of the work-related injury, they must notify the insurer within 48 hours.
If the employer does not notify the insurer, this notification can be made by the worker. Notification to the insurer of the injury can be by email or by phone.
If the employer does not tell the insurer about the injury, then the worker should ask the employer for the insurer’s name and details. If the employer will not give you the name of the worker’s compensation insurer, the worker can phone the SIRA Customer Service Centre on 13 10 50 to discuss their claim.
Give to your employer a Certificate of Capacity
At the same time of notifying the employer of the injury, a worker should provide to the employer (and the insurer) a Certificate of Capacity. This certificate is obtained from your general practitioner and outlines your fitness for work and what treatment a worker needs for their injury.
What happens next?
Once the insurer receives a notification of injury and the Certificate they must either:
- Start provisional weekly payments within 7 days; or
- “Reasonably excuse” paying provisional weekly payments on the basis that insufficient information has been provided about the injury and claim.
If the insurer “reasonably excuses” the claim, then the insurer has 21 days to make a decision as to whether they accept or decline liability from the date that a worker’s compensation claim form is completed and sent to the insurer.
Once provisional weekly payments/medical expenses have commenced, the insurer will then investigate the claim and decide as to whether they will formally accept the claim or decline liability.
If the insurer intends to decline liability for a claim, they must do so in accordance with Section 74 of the Workers Compensation Act. This requires the insurer to provide written notice of the reasons and evidence the insurance company relies upon to decline the claim.
If you need assistance with your claim, please do not hesitate to contact us as follows;
- Complete our FREE case assessment form HERE
- Email us at
- Give us a call on (02) 8329 9500 and talk to our specialised lawyers
Insurance companies and their employees won’t tell you everything you need to know to get all the compensation you’re entitled to. You need to fight back by arming yourself with all the knowledge you can. Read this 6-point guide which will help you understand your rights and entitlements under Workers’ Compensation legislation when making a successful claim for work injury compensation or damages.
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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claim today
Allowing seriously injured people to secure the compensation they deserve so they can return to enjoying life.
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What Our Clients
Are Saying
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.
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.
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.
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.
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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