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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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 which 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;

  1. Complete our FREE case assessment form HERE
  2. Email us at
  3. Give us a call on (02) 8518 1120 and talk to our specialised lawyers

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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14:20 15 Jan 22
I would like to thank the entire team at Garling and Co for being in my corner throughout the worst years I've experienced in my life.I chose Garling and Co in the end after being seriously injured... at work and needing representation, something I should have done years prior.I met with over 12 other legal firms in Sydney. Large,medium, small and all in between. Some were friends, some family, some were sharks, many were pressuring, many promised the world, Matthew was not like that.Matthew was the benchmark as he was one of the first I spoke with and ultimately he stood out in the end as I felt he was the most genuine.From the outset to the conclusion, I found Matthew to be very polite, easy to communicate with and extremely down to earth.He explained everything simply, he had answers for any questions along the way. He told me it how it was, not just what I wanted to hear.Matthew is a genuine nice guy that runs a very efficient and professional law firm. I made the correct choice engaging him in my claims and would not hesitate in recommending him.Renee was also terrific in handling my TPD claim which was literally finalised faster then international postage.Allison, Rebecca and Kelli were all great, always.Thanks again Garling and more
mark S.
06:30 23 Dec 21
I found from my very first meeting With Matthew that he was upfront honest and to the point . He thoroughly investigated my claim and we agreed too proceed.The staff at Garling and Co are wonderful... and helpful and I was kept informed and upto date from day one till the end .They made me feel confident and secure and I know I had the best team possible for my best outcome .I can’t thank Matthew and the team for their wonderful serviceread more
Daniel F.
08:48 10 Nov 21
My wife suffered psychological injury.Never having similar experience she had to get legal advice.Workers compensation law is complex and she needed someone to help her navigate her way through.... There are many compensation lawyers but not all with enough experience and strong reputation . We have finally decided to go with Matthew and his team based on the independent website reviews .Looking back now we have made the right choice .There is lot of hurdles and having trustworthy lawyer with great communication skills on your side can make huge difference .My wife can now try to move on with the compensation she deserved.Thanks to Matthew ,Allison ,Emma,Rebecca and rest of the team. Thank you again.Daniel and Veerayaread more
K B.
07:35 28 Oct 21
When you work for an employer for a number of decades and suffer a debilitating injury, you expect compassion, support and belief that you are genuine. When you don’t get that and then also have to... deal with Workers Compensation Insurers it slowly breaks you.That's when you need amazing support like Matthew Garling and his team. From my first meeting with Matthew I was confident I was referred to the right guy. I couldn’t be more pleased with my outcome. Matthew is the Guru of workers compensation, he is professional, easy to work with, nothings a bother and most importantly he gets great results. Do not think twice about using Garling and Co Lawyers.Thank you Matthew, Renee, Allison and Kelli for your invaluable more
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14:23 20 Sep 21
Great attitude! they return my call every time I callI'm very confident I will reach something good with garling &co
Dulce L.
08:48 23 Aug 21
Garling & Co have been exceptional. Matthew was always professional attentive clear and concise, I felt up most confidence in his management dealing with my matter always had my best interest. i... highly recommend Garling & Co Lawyersread more
Melissa H
11:53 10 Aug 21
I am grateful to have had Matthew represent me on my motor vehicle compensation claim.After meeting with two lawyers previous to deciding on Garling and co, I was left unsure and confused as to... where I stood regarding my claim. Matthew and Allison were incredibly helpful, put my mind at ease, and took the worry and stress out of an already difficult situation.Through the settlement process they would always keep me informed and made time to answer all of my questions. I am really pleased with the outcome of the settlement.Thank you to the team at Garling and Coread more
Violeta C.
07:30 05 Aug 21
My experience with Garling & Co was great. Matthew was always professional, attentive and communicated in a clear manner. I felt confident in his management of my matter & always had my best interest... in mind.I have no reservation in recommending Matthew & the Garling & Co more
Sonia C.
03:04 05 Aug 21
Ann F.
04:11 04 Aug 21
Professional and helpful

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