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Process in NSW workers compensation claims



Process steps


Time limits


WCC Forms


Worker’s right to information: s 232


WCC may extend time: Rule 3.2

Notice of injury >>

Injury claim form >>

Permanent impairment claim form >>


Notice, claim


Notice: as soon as possible after the injury: s 254


Centrelink recovery: Centrelink >>

Medicare history statement request: Medicare forms >>


Claim: within 6 months of injury or death: s 261, or, 3 years, if excused by ignorance &c: s 261(4)


Employer must forward to insurer within 7 days: s 264


Provisional weekly payments within 7 days of insurer notification: s 267


Furnish relevant particulars of claim:s282

S 282 Precedent >>




Insurer has 2 weeks to assert insufficiency: s 282(3)


Expedited assessment


Parties must exchange information: s 290


Interim payment direction


Insurer must accept and offer, or deny, within 2 months of full particulars, or 1 month of WPI ascertainment: s 281

Trained assessor required for assessments in WPI demand


Restrictions on medical reports: Reg'n cl 49+ by s 294


Applicant requests review by insurer: s 287A


Liability to be accepted and weekly payments commenced within 21 days: s 274


Insurer to give notice and reasons when liability disputed: s 74

If liability disputed, refer to WCC: s 289


Claims Assistance Service



131 050

Mo-Fr: 8:30am - 5pm

Referral of disputes to Commission: s 288


Lodgement and service on WCC: Rule 8.1


Schedule of earnings: Rule 15.5WCC Forms


Material to be lodged with application or reply: Rule 10.3, includes surveillance and other documents: Rule 14.1


Evidence: Rules Pts 14, 15


WCC Forms


Application for Resolution of Dispute


Joinder: R 11.1


WCC Forms




21 days from lodgement of ARD: Rule 10.4


WCC Forms


Application to admit late documents


Telephone conference


About 35 days from lodgement:Guideline Practice


Seek informally first;

Rule 12.2WCC Forms; conduct money:Rule 12.6

  Direction for production    
s 293 Medical assessment: not where liability disputed; WCC Forms;  

Referral to Approved Medical Specialist: AMS

    Medical assessment certificate: MAC    
s 378; No form, apply by letter:Registrar's Guideline   Reconsideration of MAC   21 days to reply: Registrar's Guideline
s 327WCC Forms   Appeal against MAC    
s 378; No form, apply by letter:Registrar's Guideline   Reconsideration of Medical Appeal Panel MAC   Panel to deliver reconsideration within two Within two months
SCA s 69   Supreme Court judicial review   No time limit but see cases >>
Notice of intention to call witness: Rule 14.2        
Discontinuance: Rule 15.7  

Arbitration hearing

s 294 Certificate of Commission’s determinationRule 15.6   Certificate of Determination/Statement of Reasons    
        Medicare notice 28 days after judgment: Medicare
s 350; No form, apply by letter:Registrar's Guideline   Reconsideration of arbitrator's decision   21 days to reply: Registrar's Guideline
Rules Pt 16   Question of law appeal    
Thresholds s 352   Appeal against arbitrator   Lodge within 28 days of decision:s352Rule 16.2; serve 14 days;  lodge certificate of service within 7 days of service: 16.2; application to extend time
        Notice of opposition to an appeal: 28 days of being served: Rule 16.2; lodge certificate of service 7 days: 16.2;
Costs demand: see Costs summaries >>        
WCC Forms   Application for costs assessment    
Recovery of amounts ordered to be paid: s 362, Certificate as to amount ordered to be paid: Rule 18.2   Execution   14 days of statutory declaration:Rule 18,2
Parties limited to pre-filing statement and defence: s 318   Work injury damages   Defective pre-filing statement >>


1. Whole denial of liability: s 315; or 1 month after offer under s 281; or no offer under s 281: s 315;

2s 282 particulars;

3. Claim for lump sum compensation: s 280A;

4. Payment of lump sum compensation: s 280B (uncommenced);

5. MAC 15% WPI, or acceptance: ss 313,314315;

  Pre-filing statement   Plaintiff serves after 2 months from service of s 282 particulars.

Defendant has 28 days from service to serve particulars of grounds and evidence of defence:s 316(1)

On D's failure after 28 days, plaintiff may refer to mediation: s 318A

On D's failure after 42 days, plaintifff may commence in Court:s 316(2)


    Court process    

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