Key References & Legislation
- Workers Compensation Act 1987
- Workplace Injury Management and Workers Compensation Act 1998
- SIRA workers compensation guidelines
Quick answer for NSW injured workers
Start with the dispute, not just the diagnosis
A NSW workers compensation claim for post-concussion syndrome should connect the diagnosis with the actual work demands, not just name the injured body part. Common work features include falls, struck-by incidents, vehicle incidents or sudden head impacts, workplace violence or machinery incidents and incidents followed by dizziness, headache, memory or balance symptoms. Useful evidence commonly includes emergency records, CT or MRI where performed, neurology, vestibular or neuropsychology reports where relevant and symptom history covering headache, dizziness, sleep, memory and fatigue. Insurer disputes often focus on whether symptoms are ongoing and work-related and whether normal imaging rules out functional impairment, while weekly payments and suitable duties usually turn on cognitive load, balance, driving, machinery, screen work, fatigue and pain tolerance and risk-sensitive duties where symptoms may affect safety.
May be relevant when
Benefits to check
Legal help is useful when
What this means in practice
Use this page to connect the medical diagnosis with the actual job demands, the certificate of capacity, treatment records and any insurer decision. The aim is to identify the evidence gap before responding, not to assume that the diagnosis alone proves the claim.
How this injury commonly happens at work
falls, struck-by incidents, vehicle incidents or sudden head impacts
workplace violence or machinery incidents
incidents followed by dizziness, headache, memory or balance symptoms
falls, impacts or struck-by incidents
vehicle or machinery incidents
sudden jolts, vibration or awkward trauma
repetitive or compressive nerve exposure
ongoing pain conditions after a recognised injury
Evidence that may help
emergency records, CT or MRI where performed
neurology, vestibular or neuropsychology reports where relevant
symptom history covering headache, dizziness, sleep, memory and fatigue
witness evidence about the impact and early presentation
emergency, GP and specialist records
imaging, neurological tests, audiology, dental or ophthalmology reports where relevant
symptom diaries covering dizziness, cognition, pain, sleep or function
witness evidence about the incident and early symptoms
work capacity certificates and treating clinician restrictions
Common insurer disputes
whether symptoms are ongoing and work-related
whether normal imaging rules out functional impairment
whether safety-sensitive work is appropriate
whether symptoms are caused by the work incident
whether objective findings support ongoing incapacity
whether symptoms are psychological, neurological or pain-related
whether treatment is reasonably necessary
whether an IME has understated functional impact
Treatment and surgery issues
neurology, vestibular rehabilitation, cognitive rehabilitation, graded activity and medication review where supported
specialist review, rehabilitation, pain management or allied health support
vestibular, dental, ophthalmology or neurological care where relevant
medication review and functional rehabilitation
careful escalation if symptoms persist or worsen
Weekly payments and work capacity
cognitive load, balance, driving, machinery, screen work, fatigue and pain tolerance
risk-sensitive duties where symptoms may affect safety
graded duties based on treating restrictions
weekly payments where functional limits are disputed
Permanent impairment and lump sum issues
WPI may be relevant for stable neurological, sensory, pain or functional consequences
assessment depends on the diagnosis and objective medical evidence
complex conditions may require specialist reporting before a pathway is chosen
How NSW Work Injury Claim can help
organise incident, medical and symptom evidence
separate treatment, capacity and impairment issues
identify gaps in IME or insurer reasoning
consider dispute options where the evidence supports them
Common questions about post-concussion syndrome claims
Can I make a NSW workers compensation claim for post-concussion syndrome?
A claim may be available if the post-concussion syndrome arose out of work or was materially aggravated by work. The practical starting point is to compare the diagnosis with work features such as falls, struck-by incidents, vehicle incidents or sudden head impacts, workplace violence or machinery incidents and incidents followed by dizziness, headache, memory or balance symptoms, then check the certificates of capacity, treatment notes and any insurer decision already made.
What evidence usually matters most for post-concussion syndrome?
Helpful evidence usually includes emergency records, CT or MRI where performed, neurology, vestibular or neuropsychology reports where relevant, symptom history covering headache, dizziness, sleep, memory and fatigue and witness evidence about the impact and early presentation. The best evidence depends on the diagnosis and the dispute raised by the insurer.
What if the insurer says the post-concussion syndrome is not work-related?
The response should address the actual reason given. For post-concussion syndrome, that may mean dealing with whether symptoms are ongoing and work-related, whether normal imaging rules out functional impairment and whether safety-sensitive work is appropriate. A short evidence-based chronology is usually more useful than a broad complaint.
Can treatment or surgery for post-concussion syndrome be disputed?
Yes. Treatment may be disputed on causation, necessity, timing or whether conservative care has been tried. For post-concussion syndrome, treatment evidence may need to address neurology, vestibular rehabilitation, cognitive rehabilitation, graded activity and medication review where supported, specialist review, rehabilitation, pain management or allied health support and vestibular, dental, ophthalmology or neurological care where relevant. A treating specialist report can be important, but approval is never guaranteed.
Can post-concussion syndrome affect weekly payments or suitable duties?
It can. For post-concussion syndrome, capacity evidence often needs to deal with cognitive load, balance, driving, machinery, screen work, fatigue and pain tolerance, risk-sensitive duties where symptoms may affect safety and graded duties based on treating restrictions. Duties should be tested against the actual restrictions, not just a generic light-duties label. Weekly payments may turn on whether capacity has been assessed correctly.
Can post-concussion syndrome lead to a permanent impairment or lump sum claim?
It may, if the injury becomes stable and the medical evidence supports a permanent impairment assessment. WPI results, thresholds and entitlement depend on the accepted injury, objective findings and correct assessment process.
Request a calm claim position review
If you have received an insurer decision or you are unsure how your injury evidence fits together, we can help you identify the issue, organise the documents and consider the next step. Where ILARS funding is approved, eligible legal costs and necessary disbursements may be covered.