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WIRO’s primary function is to help resolve work capacity dispute complaints quickly, fairly and justly.

If you have a work capacity dispute with the insurer and WorkCover has reviewed the matter and confirmed the insurer’s decision then you can appeal the matter to WIRO who will review the decision.

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What is WIRO?

WIRO has also established the Independent Legal Assistance and Review Service (ILARS) this service was established to provide free and independent legal advice to injured workers. Your lawyer obtains approval from ILARS for funding to proceed with your claim, much like legal aid.

The NSW Government established the Workers Compensation Independent Review Office (WIRO) in 2012.

WIRO’s primary function is to assist workers with complaints and disputes with insurers quickly, fairly, and justly.

You should contact WIRO on 13 9476 or for any assistance in dealing with the insurance company handling your claim.

WIRO has also established the Independent Legal Assistance and Review Service (ILARS. This service provides free and independent legal advice to injured workers. 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 you require the assistance of a Lawyer to lodge an Application in the Workers Compensation Commission, then your Lawyer will seek funding for payment of their legal costs and disbursements from the Workers Compensation Independent Review Officer (WIRO).

Within WIRO, there is a legal funding service known as the Independent Legal Assistance & Review Service (ILARS).  ILARS provides funding for payment of legal costs and disbursements if you can establish that you have a reasonably arguable case.

Your Lawyer will apply to ILARS for payment of legal costs and disbursements so you can proceed with your claim.

Who can assist me with a work capacity dispute?

Your lawyer can provide legal assistance to challenge a work capacity decision and will obtain funding to pay your legal costs from WIRO.

Would you like assistance with your claim?

Complete our free, no obligation confidential case assessment form and we’ll get back to you within 24 hours.

Alternatively, we are available to talk by phone and email. Please contact our experienced accredited specialist personal injury lawyers to find out how we can help.

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Kimberly B.
23:14 14 Feb 24
Mathew is very knowledgable and has been of great assistance to me. All the staff are friendly and helpful. I'm so happy I found this firm.Thank you Mathew and team for your great work in my case.... I am 100% happy with what you achieved for more
Julie M.
10:16 16 Jan 24
My last stage of Workers compensation claim was managed by Emma Perkins, Natasha Stojanovic, Rebecca Dunshea and Kelli Robinson at Garling and Co. Lawyers who went the extra mile with their service... from the beginning to the end of 3 years of my case. I have become very anxious with almost everything after a workplace injury and a lot of times I probably ask more questions than I need to, but Emma Perkins always finds clear answers to my questions in a short time and explains to me patiently even using her mealtime or between her meeting and make me feel that I have been very well take care and supported. I am so grateful and extremely satisfied. The excellent service, attitude, and culture of Metthew Garling and his team are second to none with a very high success rate. If you going to battle with your workplace injury for a short or long period, you are better off with Garling and Co. lawyers who are able back you up every step of the way. I strongly recommend it to anybody who needs their service like me. Julieread more
patrick P.
01:46 19 Dec 23
I like to say that I had a very wonderful experience,And the support, and also understanding with all my requests,I could not ask for a better team!Thank you Emma and also her assistant Rebecca... thank youread more
Kazi H.
13:38 13 Dec 23
Work cover fund is GOVT’S money but insurer think that it is from their 14th generation. So only they can have it. Not only that, people from the work, IME doctor from insurer, back to work... coordinator from work, Rehab provider from any side push the worker as hard as possible that the worker (doesn’t matter how the workers mental or psychical condition) either go back to his pre injury duty or leave the job.More over on that very bumpy any difficult journey some of them only treat the worker as a MONEY MAKING MECHINE .in some point worker feels like, no rooms to breath. On that moment need someone to support legally, someone to care, someone to relive.On my case I believe that, somehow, I manage to make my God happy. That’s why God sends me to Matthew Gerling and his team Allison, Rebecca and Nathan, and all of GARLING & co Lawyers.I am not good enough in English, can’t express my gratitude.Matthew, Allison, Rebecca and Nathan, please accept my appreciation and pass it to more
Carol L.
01:32 29 Nov 23
Professional, understanding and friendly
Sean G.
23:21 14 Nov 23
Matthew Garling and everyone I spoke to at Garling and Co were kind, caring and compassionate. They were sensitive to my psychological condition and were patient in explaining everything to me, so... that I clearly understood the legal process. I am exceptionally grateful for the settlement outcome that Garling and Co obtained for me. Many more
waqas A.
08:33 13 Nov 23
Great Experience with Garling & Co. Matthew explained everything in detail during the first appointment. Allison, Nathan, Rebecca and the staff have been extremely helpful. Thank You to the team and... lawyers at Garling & Co. for making the long process easy for me and getting an excellent outcome for my compensation claim.I would highly recommend Garling & Co. Lawyersread more
Saskia L.
21:42 08 Nov 23
The world of workers compensation is long, hard and confusing, but Emma and Rebecca at Garling & Co always treated my case with kindness, respect and understanding. No question was ever silly and... they always had time to make sure I knew what would happen next and how we could best prepare. I am so thankful for their expertise and could not have chosen anyone better to represent more
Antonio P.
08:46 06 Nov 23
Thank you Matthew and his team for taking care of my case couldn’t ask for a better results and couldn’t have better team to do that thank you
Julie M.
00:40 06 Nov 23
Garlic & Co Lawyers have been wonderful, supporting me through some difficult times. With their assistance, positive outcomes were achieved. Many thanks to the Team.Julie

Frequently Asked Questions

1. What happens at a Workers Compensation Commission telephone conference?

Once an Application to Resolve a Dispute is lodged with the Workers Compensation Commission, the insurer has 28 days to lodge a reply. Once the Reply is received, the Workers Compensation Commission will appoint a date and time for a telephone conference.

The telephone conference will take place in your lawyers office.

The telephone conference is between the injured person, their lawyer, the insurance company representative or their lawyer and an independent Arbitrator appointed by the Workers Compensation 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 Arbitrator 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 Arbitrator will arrange a Conciliation Conference/Arbitration Hearing. This usually occurs approximately 2 to 3 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

2. What is the Workers Compensation Commission of NSW?

The Workers Compensation Commission resolves workers compensation disputes between injured workers and employers.

The Workers Compensation Commission is an independent statutory tribunal implemented by the Workplace Injury Management and Workers Compensation Act 1998.

The Workers Compensation Commission 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
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