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How to claim workers compensation in NSW

A new claim is stronger when incident proof, capacity evidence, wage records, lodgement proof, treatment steps, and insurer checkpoints are kept in one pathway.

This guide gives a direct, evidence-first path for starting a NSW workers compensation claim: report the injury, get the right medical certificate, lodge the claim in writing, and preserve proof before an insurer decision is made.

Reviewed by NSW Work Injury Claims - a business name of Stephen Young Lawyers - Updated 6 June 2026

Quick answer

To claim workers compensation in NSW, report the injury as soon as you can, see your nominated treating doctor for a SIRA Certificate of Capacity, and make sure the employer or insurer receives the claim details in writing. Keep wage, roster, medical, witness and treatment records from the start. If payments, treatment, or liability are delayed, ask for the reason in writing and answer that reason with documents, not just phone calls.

First document: Certificate of Capacity with practical restrictions.

First proof: written notification, incident record and witness details.

First risk: an unclear work connection, wage record, or treatment request.

This is a practical lodgement guide, not a promise that a claim will be accepted. The insurer may still investigate causation, capacity, wages, treatment need, notice, or employer information.

Evidence review scene for a new NSW workers compensation claim

The safest early approach is to match documents to the question the insurer is likely checking. A claim can become harder when evidence is general, late, or only kept in phone-call notes.

Work connection

Incident report, witness names, task notes, photos, rosters, emails and any earlier complaints about the same hazard.

Capacity for work

Certificate of Capacity, treating notes, restrictions on hours or duties, and records of any suitable-duties offer.

Weekly payments

Payslips, rosters, overtime, allowances, tax records and changed-hours records so wage loss and PIAWE can be checked.

Treatment expenses

Referrals, treatment plans, invoices, receipts and clinical reasons showing why the treatment is connected to the work injury.

Practical claim timeline

The early claim file should make it easy to see what happened, who was told, what the doctor certified, and what the insurer still needs. This does not guarantee acceptance, but it reduces avoidable disputes caused by missing records.

Same day or as soon as practical

Report the injury in writing, ask for the claim or incident reference, and save copies of texts, emails, photos, rosters and witness names.

First medical visit

Tell the doctor the work task or event, obtain a SIRA Certificate of Capacity, and check that restrictions are practical enough for the employer and insurer to understand.

Lodgement and insurer contact

Send the certificate and claim information to the employer, insurer or claims agent, then keep proof of delivery and the claim number.

If a decision or delay arrives

Ask for the exact reason in writing and match evidence to that issue, such as causation, capacity, wages, treatment need or notice.

If the claim involves psychological injury, gradual onset symptoms, disputed hours, casual work, labour hire, or a pre-existing condition, keep the evidence chronological and get advice before responding to a formal denial or review deadline.

Confirm the work connection early

Write down when the injury happened, who saw it, what task was being performed, and when the employer was told.
For gradual injuries, identify the work duties, dates, body part or psychological symptoms, and any non-work factors the insurer may later raise.
Keep incident reports, emails, rosters, photos, CCTV references, toolbox notes, and witness names before they disappear.

Get the Certificate of Capacity right

The certificate should describe the work-related condition, current capacity, treatment needs, and restrictions in practical terms.
If the certificate is vague, insurers may treat the file as a capacity dispute rather than a straightforward claim.
Ask the doctor to record whether duties, hours, lifting, driving, sitting, travel, concentration, or psychological triggers are restricted.

Lodge the claim and keep proof of lodgement

Do not rely only on a verbal report. Keep written proof that the employer, insurer, or claims agent has been notified.
If the employer is slow to act, ask for the insurer or claims agent details and send the certificate and claim information directly.
Keep copies of the claim form, certificate, medical invoices, payslips, rosters, and the first insurer acknowledgement.

Watch provisional liability and early decisions

Provisional payments can help while the insurer investigates, but provisional liability is not the same as final acceptance.
If the insurer issues a reasonable excuse, section 78 notice, or work capacity decision, respond to the reason given, not just the outcome.
The first few weeks often decide whether the file stays simple or becomes a long dispute about causation, capacity, or treatment.

Match evidence to the issue the insurer is checking

For a physical injury, keep records that connect the task, mechanism, diagnosis, treatment, capacity and restrictions. For a psychological injury, keep careful notes about events, symptoms, treatment, work triggers and any non-work issues being raised.
For weekly payments, preserve payslips, rosters, overtime records, allowances, tax records and any changed-hours evidence so pre-injury average weekly earnings can be checked.
For treatment expenses, keep referrals, treatment plans, invoices, receipts and written reasons if treatment is delayed, refused, or said not to be reasonably necessary.

Escalate carefully if the claim stalls

Ask for the claim number, claims agent contact, and the exact missing information before sending duplicate documents.
If a denial or section 78 notice arrives, make a document list that answers each reason: work connection, injury diagnosis, capacity, wage loss, treatment need, or factual dispute.
Do not assume a delay means the claim is hopeless. It may mean the insurer needs clearer medical, wage, employer, or witness evidence, but strict review and dispute steps may apply.

What to do if the insurer does not accept the claim quickly

A delay can happen because the insurer is checking notice, causation, capacity, wages, treatment, or employer information. Ask for the specific missing item, keep a dated record of what you send, and compare any written decision with the evidence already on file.

For a liability denial, read the section 78 notice guide and answer each reason with targeted evidence.
For weekly-payment problems, compare the decision with the weekly payments guide, wage records and work-capacity wording.
For treatment refusals, keep the referral, clinical reasons, invoices and any written insurer explanation so the treatment issue can be reviewed on its own facts.

Common questions

How do I claim workers compensation in NSW?

Report the injury, see a nominated treating doctor for a SIRA Certificate of Capacity, make sure the employer or insurer receives the claim details, and keep written proof of each step. Evidence of work connection, capacity, wages, and treatment should be gathered from the start.

What evidence do I need for a workers compensation claim in NSW?

Useful evidence usually includes the incident record, Certificate of Capacity, treating notes, witness details, photos or CCTV references, wage records, rosters, medical invoices, and written communications with the employer or insurer.

Can I lodge a workers compensation claim myself?

Yes. If the employer is not acting promptly, you can usually contact the insurer or claims agent directly and provide the certificate and claim information. Keep proof of lodgement and any claim number.

What if my NSW workers compensation claim is denied?

Ask for the written reasons, keep the full notice and attachments, and prepare evidence that answers each reason. A section 78 notice or denial may be reviewable or disputable depending on the issue and evidence.

General information only. This page is not legal advice and does not guarantee an outcome. Get advice about your own claim facts, deadlines, evidence, and insurer decisions.