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 through phone and email. Please contact our experienced workers compensation lawyers to find out how we can help.

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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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